Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40812 of 2025 Arising Out of PS. Case No.-497 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== 1.

Suraj Kumar S/O Virendra Chaudhary Resident of village- Purani Chatti, Sherghati, P.S- Sherghati, District- Gaya 2.

Deepak Kumar S/O Sadhu Yadav Resident of Village- Aurowadohar, P.S.- Dhobi, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Excise P.S. case No. 497 of 2025 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 165 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.40812 of 2025(2) dt.02-07-2025 2/2 further submitted that the petitioners are not the owner of the vehicle in question. They had no knowledge regarding the nature of goods kept in the vehicle. The petitioners are not indulged in manufacturing, selling, trading or dealing with illegal liquor. They are in custody since 14.05.2025. The petitioner No. 1 has not one criminal antecedent while petitioner No. 2 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case 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. 497 of 2025.

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