Patna High CourtCR. MISC./38113/2025bail granted

Shri Rajnish Kumar v. The State Of Bihar

2025-06-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38113 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- KHANPURA District- Samastipur ====================================================== Shri Rajnish Kumar S/o Shri Suresh Mahto Village- Shobhan, Ward No. 4, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khanpur P.S. case No. 87 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 171 liters liquor was recovered from house of co-accused.

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 further submitted that recovery is made from the house of the

Patna High Court CR. MISC. No.38113 of 2025(2) dt.19-06-2025 2/2 co-accused. The petitioner is in custody since 16.04.2025 and has 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 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 Khanpur P.S. case No. 87 of 2025.

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