Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32616 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- EXCISE DANAPUR District- Patna ====================================================== Indal Kumar S/O Virendra Yadav @ Bhuteli Yadav R/O Village- Paiga, P.SBarhara, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Shiv Prasad Gupta, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned APP for the State.

2. The petitioner has prayed for bail in connection with Excise P.S. Danapur Case No. 134 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. The case of the prosecution is that on 03.03.2025, the police received a secret message and to verify the same, they reached at the place of occurrence and caught a vehicle bearing Registration No. BR33GA9618. Four persons were also caught from the vehicle who were identified as Shyam Kumar, Kundan Kumar, Indal Kumar(the petitioner) and Abhishek Kumar. It is further alleged that on search, altogether 800 liters of illicit

Patna High Court CR. MISC. No.32616 of 2025(2) dt.21-05-2025 2/3 country made liquor was recovered from the back side of the said vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is neither the driver nor the owner of the said vehicle rather he was only a passenger. Nothing incriminating articles have been recovered from the conscious possession of this petitioner. His name has been framed in this case only because he has criminal antecedent of similar nature. He further submits that the petitioner is languishing in judicial custody since 04.03.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32616 of 2025(2) dt.21-05-2025 3/3 satisfaction of the learned Special Excise Judge, Danapur in connection with Excise P.S. Danapur Case No. 134 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T