Patna High CourtCR. MISC./36149/2025bail granted

Satish Kumar v. The State Of Bihar

2025-06-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36149 of 2025 Arising Out of PS. Case No.-841 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Satish Kumar S/o- Rameshwar Singh R/o Village- Rewa, P.S.- Saraiya, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Ankita Kumari, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jamui Excise P.S. Case No. 841 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the police has recovered total 673.920 liters of illicit foreign liquor from the Mahindra Bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has

Patna High Court CR. MISC. No.36149 of 2025(2) dt.16-06-2025 2/3 surfaced in this case in course of investigation. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged vehicle. The petitioner has no concern either with the seized vehicle or with the recovered liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedents and is languishing in judicial custody since 21.04.2025 without any rhymes or reason. He further submits that the co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide orders dated 30.09.2024 and 05.10.2024 passed in Cr. Misc. Nos. 67958 of 2024 and 69974 of 2024 respectively.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has four criminal antecedents.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.36149 of 2025(2) dt.16-06-2025 3/3 below/concerned Court in connection with Jamui Excise P.S. Case No. 841 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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