Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26459 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1.

Satyendra Kumar Son of Phul Prasad Singh Resident of Village -Nayatola Bhethewa PS -Jadopur Dist- Gopalgaj 2.

Krishna Kumar son of Amrika Patel Resident of Village -Nayatola Bhethewa PS -Jadopur Dist- Gopalgaj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Vishambharpur P.S. Case No. 26 of 2025 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 56.200 litres of liquor was recovered from motorcycle and both the petitioners were apprehended on the spot.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.26459 of 2025(2) dt.28-04-2025 2/2 possession of the petitioners. The petitioners have got no concern with the recovered liquor. The motorcycle in question belongs to the petitioner no.1. The petitioners are in custody since 10.02.2025. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur P.S. Case No. 26 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T