Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24017 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- JOKIHAT District- Araria ====================================================== 1.
Prem Kumar S/O Vinod Sah R/O Village- Rautiniya, Ward No. 12, P.SKarja, Distt.- Muzaffarpur. 2.
Abdhesh Kumar S/O Baski Sah R/O Village- Rautiniya, Ward No. 12, P.SKarja, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Nitu Kumari, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioners and Ms. Renu Kumari, learned APP for the State.
2. The petitioners seek bail in connection with Jokihat P.S. Case No. 84 of 2025 instituted for the offences under Section30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 255 liters of illicit foreign liquor from the pick-up vehicle bearing Regd. No. BR33GB-9707. The petitioners were arrested on the spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence
Patna High Court CR. MISC. No.24017 of 2025(2) dt.17-04-2025 2/3 as alleged against them and have falsely been implicated in the present case. The petitioners have not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioners. The petitioner no.1 is the driver whereas petitioner no.2 is the Khalasi of the alleged seized vehicle. The petitioners are not the owner of the alleged vehicle rather the owner is one Md. Amanulla. The petitioners were not aware about the contents of the alleged liquor being kept in the vehicle. The petitioners have one criminal antecedent each and are languishing in judicial custody since 06.03.2025 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 petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing
Patna High Court CR. MISC. No.24017 of 2025(2) dt.17-04-2025 3/3 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 Jokihat P.S. Case No. 84 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T