Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42013 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Banti S/o Subhas Resident of Village - Nangla Enclave, Part No. 02, P.S. - Saran, District - Faridabad (Haryana) 2.

Sonu S/o Maan Singh Resident of Village - Nangla Enclave, Part No. 02, P.S. - Saran, District - Faridabad (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rachna Rani, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, 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 Excise PS Case No. 243 of 2025 instituted for the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 249.840 litres of foreign liquor was recovered from Car bearing Registration No. (BR06AR-2305).

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

Patna High Court CR. MISC. No.42013 of 2025(2) dt.07-07-2025 2/2 submitted that petitioner no. 1 is the driver and petitioner no. 2 is the co-driver of the seized vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 28.04.2025 and has 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 Excise PS Case No. 243 of 2025.

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