Patna High CourtCR. MISC./39789/2025bail granted

Kishan Kumar v. The State Of Bihar

2025-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39789 of 2025 Arising Out of PS. Case No.-380 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== Kishan Kumar Son of Late Ashok Singh Resident of Village- Dhabauli Ward No. 08, P.s.- Lakho, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Purnia Excise (Sadar) P.S. case No. 380 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 230.250 liters liquor was recovered from Bolero vehicle.

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 petitioner was driver of the vehicle and he

Patna High Court CR. MISC. No.39789 of 2025(2) dt.25-06-2025 2/2 had no knowledge regarding the nature of goods laden in the vehicle. The petitioner is in custody since 17.05.2025 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, clean antecedent 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 Purnia Excise (Sadar) P.S. case No. 380 of 2025.

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