Patna High CourtCR. MISC./38153/2025bail granted

Binod Kumar @ Vinod Kumar v. The State Of Bihar

2025-06-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38153 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Binod Kumar @ Vinod Kumar Son of Late Suresh Mahto Village -Raghuveer Chak Rampatti PS- Raj Nagar Distt -Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in G.O. No. 238 of 2025, arising out of Madhubani Sadar Excise P.S. case No. 71 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 90 liters liquor was recovered from the house of the petitioner.

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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.38153 of 2025(2) dt.23-06-2025 2/2 further submitted that the recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 27.02.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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 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 G.O. No. 238 of 2025, arising out of Madhubani Sadar Excise P.S. case No. 71 of 2025.

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