Patna High CourtCR. MISC./38989/2025bail granted

Arvind Kumar @ Arbind Kumar v. The State Of Bihar

2025-06-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38989 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Arvind Kumar @ Arbind Kumar Son of Lalbabu Sahani Resident of VillageAjarwa (Ajgarwa), P.S.- Lakhaura, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Lakhaura P.S. case No. 237 of 2024 instituted for the offences under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 210 liters liquor was recovered from orchard.

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. The orchard in question does not belong to the petitioner. It is

Patna High Court CR. MISC. No.38989 of 2025(2) dt.27-06-2025 2/2 further submitted that the place from where recovery is made is an open place accessible to one and all. The petitioner is in custody since 08.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Coaccused has been granted bail by this Bench vide order dated 01.05.2025 passed in Cr. Misc. No. 28004 of 2025.

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 Lakhaura P.S. case No. 237 of 2024.

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