Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41978 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== 1.

Raju Kumar S/O Ram Niwas Sah @ Ram Nivas Sah Resident of villageJhajhar (Jhanjhara), PS- Jitna, district- East Champaran 2.

Chandrabir Kumar S/O Late Ram Sagar Sah Resident of village- Jhajhar (Jhanjhara), PS- Jitna, district- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Lakhaura PS Case No. 129 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 total 24.735 litres of Nepali liquor was recovered from Motorcycle. 4.

Learned counsel for the petitioners submit 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 submitted that motorcycle in question does not belong to the

Patna High Court CR. MISC. No.41978 of 2025(2) dt.07-07-2025 2/2 petitioners. The petitioners are in custody since 08.05.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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, clean antecedent of the petitioners 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhaura PS Case No. 129 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T