Patna High CourtCR. MISC./22921/2025bail granted

Ankit Kumar v. The State Of Bihar

2025-04-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22921 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Ankit Kumar S/O Raja Prasad R/O Village- Daldali Bazar, P.S- Chapra Town, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Sadar P.S. Case No. 221 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 140 liters of illicit country-made liquor from the Erickshaw. The petitioner was arrested on spot.

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 has been

Patna High Court CR. MISC. No.22921 of 2025(2) dt.16-04-2025 2/2 recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized liquor or the Erickshaw. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 17.12.2024 without any rhymes or reason.

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

6. 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 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail 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 Excise Sadar P.S. Case No. 221 of 2024.

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