Banti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35477 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.
Banti Kumar S/o- Sanjay Bharti @ Sanjay Kumar Bharti Village- Shyampur PS-Kotwali Distt- Munger.
2.
Ram Udagar Paswan @ Ramudar Paswan S/o- Siyaram Paswan VillageJhajhpatti PS-Khutauna Distt- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Patel, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Medinichauki P.S. Case No. 41 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 90 litres country made liquor has been recovered from the car bearing Registration No. UP 70CC-2299. Petitioners were trying to escape but on chase they were apprehended.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.35477 of 2025(3) dt.03-09-2025 2/2 case. They were going to purchase goods from Lakhisarai. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioners are not owner of the seized vehicle. There is no compliance of Section 103 of the B.N.S.S. Petitioners are in custody since 27.03.2025. Petitioner No. 1 has one criminal antecedent and Petitioner No. 2 has no criminal antecedent. Charge-sheet has already been submitted in this case after completion of the investigation. Petitioners under take to co-operate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II-cum-Exclusive Special Court-2, Excise Act, Lakhisarai in connection with Medinichauki P.S. Case No. 41 of 2025.
(Sunil Dutta Mishra, J.) rakhi/- U T