Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45407 of 2025 Arising Out of PS. Case No.-511 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1.
Subhash Kumar S/o Ruplal Sah @ Ruplal Prasad @ Ruplal Mahto R/o Village- Godhawa, P.S.- Muffasil, District- East Champaran 2.
Etwar Sah S/o Gena Sah R/o Village- Agarwa Basatpur, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Geeta Kumari For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 511 of 2025 dated 12.04.2025 registered for the offences punishable u/ss 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 180 litres of illicit Nepali country made liquor was recovered from the Auto.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the driver and the
Patna High Court CR. MISC. No.45407 of 2025(2) dt.16-07-2025 2/2 petitioner no. 2 is the passenger of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Excise P.S. Case No. 511 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T