Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30417 of 2025 Arising Out of PS. Case No.-101 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== HEMANT KUMAR Son of Binod Kumar @ Binod Prasad @ Binod Kumar Rai Resident of Mohalla - Rajiv Nagar, Road No.- 15, Police Station - Rajiv Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patliputra P.S. Case No. 101 of 2020 dated 02.03.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and 20 and 22 of the NDPS Act.

3. As per the prosecution case, total 101.700 litres of illicit liquor and 2.050 kg. Ganja were recovered from the house of coaccused Binod Kumar Roy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is implicated in this case only because he is the son of the petitioner Binod Kumar Roy. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than the

Patna High Court CR. MISC. No.30417 of 2025(2) dt.12-05-2025 2/2 commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner had no valid authorization for keeping the said contraband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Patliputra P.S. Case No. 101 of 2020, with the condition- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T