Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29093 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== INDRAJEET KUMAR S/o- Ramashish Chaudhary Village- Mahuri PsNalanda Dist- Nalanda, A/P- Nandlal Chapra Zero Mile rented house of Anil Kumar Ps- Bypass Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pirabhor P.S. Case No. 223 of 2025, instituted for the offences punishable under Sections 30(a), 32, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, total 179.1 liters spirit was recovered from car and tempo and the petitioner was apprehended 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 spirit. Learned counsel

Patna High Court CR. MISC. No.29093 of 2025(3) dt.22-07-2025 2/2 for the petitioner also submits that the petitioner is driver of the tempo in question and he has got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioner is in custody since 22.03.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 29817 of 2025. 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pirabhor P.S. Case No. 223 of 2025.

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