Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26628 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- TARAIYA District- Saran ====================================================== 1.

Suraj Kumar S/o- Vijay Sah Village- Sabalpur Ps- Sonpur Dist- Saran 2.

Abhishek Kumar S/o- Mithalesh Ray @ Mithilesh Ray Village- Sabalpur PsSonpur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Taraiya P.S. Case No. 52 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 508.320 liters liquor was recovered from tractor and both the petitioners were apprehended on spot.

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

Patna High Court CR. MISC. No.26628 of 2025(2) dt.29-04-2025 2/2 have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are driver and helper of that tractor and both of them have no knowledge regarding the nature of goods loaded in the vehicle. It is further submitted that none of the petitioners are owner of the tractor in question. The petitioners are in custody since 27.02.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. Case No. 52 of 2025.

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