Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23987 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- PALANWA District- East Champaran ====================================================== 1.

Munna Kumar S/o Gaslal Das Resident of village- Dhupwa Tola, P.S.- Raxaul, District- East Champaran 2.

Karan Kumar S/o Laxman Pandit Resident of village- Dhupwa Tola, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Palanwa PS Case No. 34 of 2025 instituted for the offences under Sections 30(a) & 41(i) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 45 liters country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.23987 of 2025(2) dt.17-04-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioners are not the owner of the motorcycle in question and they have become the victim of the circumstances and the real accused fled away. The petitioners are in custody since 02-03-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. 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, clean antecedent of the petitioners 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 Palanwa PS Case No. 34 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T