Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28752 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Raju Kumar S/o- Arun Singh Resident of Village- Ramji Chak Digha Bata Ward No 31 PS- Digha Dist- Patna 2.

Sunny Kumar S/o- Sanoj Ray @ Sanoj Kumar Resident of Village- Digha PS- Digha Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Excise P.S. case No. 57 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 95.040 liters liquor was recovered from car and the petitioner was arrested 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 has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.28752 of 2025(2) dt.06-05-2025 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the car does not belong to the petitioners. The petitioners were not driving the car but were sitting as passengers and they have no knowledge regarding nature of goods kept in the car. The petitioners are in custody since 05.03.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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 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 Excise P.S. case No. 57 of 2025.

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