Punam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33229 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Punam Kumar son of Maheshwar Yadav RO Village- Bagai PS -Fatehpur District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition & Excise Amendment Act.
3. As per FIR, allegation against the petitioner is that he was apprehended while transporting 150 litres of illicit liquor on a motorcycle bearing Reg. No. BE-56B4548.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the
Patna High Court CR. MISC. No.33229 of 2025(2) dt.26-05-2025 2/3 alleged recovery or with the motorcycle in question. Nothing illicit has been recovered from the conscious possession of the petitioner. It is further submitted that though the seizure list was prepared at the place of occurrence but it contains the Police Case Number which castes grave doubt regarding veracity of the case. Moreover, the petitioner is languishing in judicial custody since 01.04.2025. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer of Bail.
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. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-cum-Exclusive
Patna High Court CR. MISC. No.33229 of 2025(2) dt.26-05-2025 3/3 Excise Court No. IV, Gaya in connection with Fatehpur P.S. Case No. 227 of 2025, with following condition:- (i) One of the bailors should be family member of the petitioner.
(S. B. Pd. Singh, J) Nirajkrs/- U T