Patna High CourtCR. MISC./26674/2025bail granted

Munna Kumar v. The State Of Bihar

2025-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26674 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== Munna Kumar Son of Lalan Yadav, R/o village- Rampur, PS- Bodh Gaya, Dist- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 178 of 2025 dated 13.02.2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 135.750 litres of illicit foreign liquor was recovered from the house of the coaccused (Satya Devi) and a motorcycle was also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner, rather the recovery has been made

Patna High Court CR. MISC. No.26674 of 2025(2) dt.30-04-2025 2/2 from the house of co-accused Satya Devi. The petitioner has no concern with the alleged recovery and there was noncompliance of Section 100 of the Cr.P.C. / Section 103 of BNSS. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 14.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 3, Gaya, in connection with Excise P.S. Case No. 178 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T