Patna High CourtCR. MISC./28874/2025bail granted

Satish Kumar v. The State Of Bihar

2025-05-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28874 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Satish Kumar S/O Satish Kumar R/O Vill- Mishrauli, P.S.- Bishunpura, DisttKushi Nager (Utter Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Learned counsel for the petitioner prays for and is allowed to make necessary correction in the instant bail petition in course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Gopalganj Excise Case No. Ex73/2025 instituted for the offences under Sections 30(A) and 32 Bihar Prohibition and Excise Act, 2018.

4. As per prosecution case, the police has recovered total 114 liters of illicit country-made liquor from tempo bearing no registration number.

Patna High Court CR. MISC. No.28874 of 2025(2) dt.06-05-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is the driver of the alleged Tempo and was not aware of the contents of the material loaded in the same. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.02.2025 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.28874 of 2025(2) dt.06-05-2025 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalganj Excise Case No. Ex 73/2025.

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