Patna High CourtCR. MISC./25197/2025bail granted

Sanjeev Kumar v. The State Of Bihar

2025-04-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25197 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- KASIMBAZAR District- Munger ====================================================== Sanjeev Kumar Son of Sudhir Thakur R/O Vill- Pratapnagar, P.S.- Shambuganj, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 13 of 2025 instituted for the offences under Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 396 liters of illicit foreign liquor from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating

Patna High Court CR. MISC. No.25197 of 2025(2) dt.23-04-2025 2/3 has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R.. The petitioner is the owner of the alleged Scorpio. The petitioner has no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedents in which he is on bail and is languishing in judicial custody since 21.01.2025 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Ajeet Kumar has been granted bail by this Court vide order dated 25.02.2025 passed in Cr. Misc. No. 12604 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail

Patna High Court CR. MISC. No.25197 of 2025(2) dt.23-04-2025 3/3 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kasim Bazar P.S. Case No. 13 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T