Sikandar Kumar @ Shikindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41105 of 2025 Arising Out of PS. Case No.-552 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1.
Sikandar Kumar @ Shikindra Kumar S/o- Late Heera Sahni @ Hira Sahni Resident of Village- Majhariya PS- Majhauliya District- West Champaran 2.
Vishal Kumar S/o- Subhash Das Resident of Village- Bhawanipur PSSangrampur District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Excise P.S. case No. 552 of 2025 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 60.480 liters liquor was recovered from car.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.41105 of 2025(2) dt.03-07-2025 2/2 further submitted that the petitioners were the passengers sitting in the vehicle and they had no knowledge regarding nature of goods kept in the vehicle. The petitioners are in custody since 20.04.2025 and have got no 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 petitioners.
6. Considering the aforesaid facts and circumstances of the case, clean antecedents of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. case No. 552 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T