Aditya Kumar @ Aaditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31383 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== Aditya Kumar @ Aaditya Kumar Son of Virendra Paswan @ Birendra Paswan R/o village - Bhup Bhairo, P.S.- Sitamarhi, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 243 of 2025, instituted for the offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 738 liters liquor was recovered from Scorpio car and the petitioner was apprehended on spot. It is further alleged that the petitioner was working as a liner on motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.31383 of 2025(2) dt.12-05-2025 2/2 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. Learned counsel for the petitioner also submits that the petitioner has got no concern with the Scorpio vehicle in question. The petitioner was not working as a liner. The petitioner is in custody since 28.03.2025 and has got no criminal antecedent. 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 Sitamarhi P.S. Case No. 243 of 2025.

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