Binod Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33927 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Binod Bin Son of Suraj Bin Resident of Village - Khalwa Gaon, Police Station - Bhore, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate Ms. Mili Kumari, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 302 litres illicit country made liquor was recovered from the seized motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicle in question. No incriminating article has been recovered from conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. It is further submitted that

Patna High Court CR. MISC. No.33927 of 2025(2) dt.22-08-2025 2/2 charges have already been framed against the petitioner on 21.08.2025 and he is in custody since 28.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII-cumSpecial Judge Excise-I, Gopalganj in connection with Bhore P.S. Case No. 173 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T