Naresh Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39865 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- JALALGARH District- Purnia ====================================================== 1.
Naresh Goswami S/O Late Kandu @ Kandu Goswami Resident of Khata Hat, P.S- Jalalgarh, District- Purnea.
2.
Karan Kumar Goswami S/O Naresh Goswami Resident of Khata Hat, P.SJalalgarh, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Adv.
For the Opposite Party/s :
Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Jalalgarh P.S. case No. 145 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 05.03.2025 passed in Cr. Misc. No. 81915 of 2024.
4. The prosecution case, in short, is that total 252.750 liters liquor was recovered from the old house of the
Patna High Court CR. MISC. No.39865 of 2025(2) dt.27-06-2025 2/3 petitioner Naresh Goswami.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case merely on the basis of suspicion. No incriminating material has been recovered from the conscious possession of the petitioners. The name of the petitioners has come on the basis of disclosures made by the co-accused Munni Devi. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 01.05.2025/07.05.2025 and have got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
6. Learned counsel for the petitioner again submits that the co-accused namely Gaurav Kumar Goswami has been granted bail by this Court vide order dated 07.04.2025 passed in Cr. Misc. No. 20852 of 2025.
7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
8. Considering the aforesaid facts and circumstances of the case and the period of custody
Patna High Court CR. MISC. No.39865 of 2025(2) dt.27-06-2025 3/3 undergone by the petitioners as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioners.
9. 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 Jalalgarh P.S. case No. 145 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T