Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32586 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- DANAPUR District- Patna ====================================================== Bharat Kumar S/o Bhola Haluvai Resident of Vill- Badi Dargah ke Piche, Sakunan, Sheikhpura, PS- Sheikhpura, at present residing at CO Upendra Singh, Saberinahar, Danapur PS- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Adv.

For the State :

Ms. Asha Devi, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a)/41 of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. The recovery of 80 litres of country made liquor has been shown from two bags carried by the petitioner and one Sonu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is only bystander and he has falsely been implicated in the present case. No recovery was made from his physical or conscious possession. He has no concern either with the seized liquor or any trade of liquor. It is further submitted that the

Patna High Court CR. MISC. No.32586 of 2025(2) dt.21-05-2025 2/2 process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is next submitted that the charge sheet has already been submitted against the petitioner and he has been languishing in custody since 16.02.2025.

5. Learned APP for the State opposes the prayer for bail. 6.

Considering the above-mentioned facts and circumstances and the clean antecedent of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Danapur P.S. Case No. 165 of 2025. (Soni Shrivastava, J) divyanshi/- U T