Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29436 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Naresh Singh S/o Sukar Singh @ Sukar Ghatwar Resident of VillageJamundaha, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sirdala P.S. Case No. 104 of 2025 instituted for the offences under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 240 liters of illicit liquor from the motorcycle.

4. 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 merely on the basis of suspicion. The petitioner is not the owner of the alleged motorcycle. 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. There is a non-compliance of Section 103 of the B.N.S.S.

Patna High Court CR. MISC. No.29436 of 2025(2) dt.30-04-2025 2/2 which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 14.03.2025 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Ram Prasad Rajbanshi has been granted bail by this Court vide order dated 23.04.2025 passed in Cr. Misc. No. 24860 of 2025.

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, 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 Sirdala P.S. Case No. 104 of 2025. (Rudra Prakash Mishra, J) rishi/- U T