Patna High CourtCR. MISC./39722/2025bail granted

Om Kumar @ Pankaj @ Pankaj 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.39722 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Om Kumar @ Pankaj @ Pankaj Kumar S/O Late Raj Kumar Gupta @ Raj Kumar Sah @ Ram Kumar Sah Resident of Mohalla- Takiya, Ward No. 11, P.S.- Sasarma Town, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, 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 Excise P.S. case No. 43 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 225.720 liters liquor was recovered from the house of the petitioner.

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 the recovery is made from the joint house

Patna High Court CR. MISC. No.39722 of 2025(2) dt.27-06-2025 2/2 of the petitioner where other family members also reside. The petitioner is in custody since 22.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 21.03.2025 passed in Cr. Misc. No. 16464 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, 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 Excise P.S. case No. 43 of 2024.

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