Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35695 of 2025 Arising Out of PS. Case No.-432 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Saurav Kumar S/O Arvind Mahto R/O Vill.- Jagatpura, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Muffasil (Singhaul) P.S Case no.432 of 2022 registered under section 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on the vehicle in question being searched, it is stated that 918 litres of IMFL was recovered and the driver of the vehicle namely Rakesh Kumar was taken into custody. It is further stated that on enquiry he disclosed that the illicit liquor was meant for co-accused Gopal Singh and Sujeet Kumar.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the Tata

Patna High Court CR. MISC. No.35695 of 2025(2) dt.12-06-2025 2/2 Intra pick-up, which is given for commercial transportation of goods. Neither the petitioner was arrested at the spot nor any incriminating article recovered from the petitioner's possession. The petitioner has no criminal antecedent and is in custody since 26.4.2025.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession who has been made accused for the reason of his being the registered owner of the vehicle in question which was being driven by co-accused Rakesh Kumar together with the petitioner being in custody since 26.4.2025 and not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Begusarai Muffasil (Singhaul) P.S Case no.432 of 2022 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 Exclusive Special Excise Judge-I, Begusarai. (Partha Sarthy, J) Shiv/- U T