Patna High CourtCR. MISC./38018/2025bail granted

Suresh Das v. The State Of Bihar

2025-06-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38018 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== Suresh Das Son of Late Dharm Nath Das Residence Of Village -Bareway Police Station -Dariyapur District -Saran At Chapr ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dariyapur P.S. Case No. 153 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 50 litres of liquor has been recovered behind the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from behind the house of the petitioner which is an open place

Patna High Court CR. MISC. No.38018 of 2025(2) dt.18-06-2025 2/2 accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.03.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 below/concerned Court in connection with Dariyapur P.S. Case No. 153 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T