Jay Prakesh Kumar @ Jay Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28799 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Jay Prakesh Kumar @ Jay Prakash Kumar S/o Late SatrudhanParasad @ Shatrughan Parasad Resident of Ward No. 29, Sahebganj, Sonar Patti, P.S.- Chapra Town, Distt.- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Abhigyan, Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in Sadar Excise P.S. case No. 52 of 2025 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 42 liters liquor was recovered from Toto vehicle and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.28799 of 2025(2) dt.06-05-2025 2/2 further submitted that the petitioner is owner-cum-driver of the vehicle and the said vehicle runs as public vehicle. The petitioner has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is not involved in illegal transportation of vehicle. The petitioner is in custody since 19.03.2025 and has 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Sadar Excise P.S. case No. 52 of 2025.

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