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Patna High CourtCR. MISC./34263/2025bail granted

Kumar Pranjal v. The State Of Bihar

2025-06-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34263 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Kumar Pranjal S/o Madhur Kumar @ Madhur Kumar Singh R/o VillageSrirampur Thuthi, P.O.- Temtha, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ved Prakahs Chandan, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Nawkothi P.S. Case No. 32 of 2025, registered under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a), 32, 41 of the Bihar Prohibition and Excise Act and Sections 25(1)(a) of the Arms Act.

3. The prosecution case, in short, is that, 134.64 liters liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.34263 of 2025(2) dt.20-06-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the petitioner was not present at the place of occurrence. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. Name of the petitioner has transpired in this case as being owner of the motorcycle in question and he has got no knowledge with regard to the nature of goods being carried in his motorcycle. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 19009 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawkothi P.S. Case

Patna High Court CR. MISC. No.34263 of 2025(2) dt.20-06-2025 3/3 No. 32 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T