Jhingan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44615 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== 1.
Jhingan Kumar Son of Late Ravindra Ram Resident of Village -Murarpur Police Station -Korma District -Sheikhpura 2.
Solit Kumar Son of Late Swargbhushan Ram Resident of Village -Murarpur Police Station -Korma District -Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Excise P.S. Case No. 222 of 2025 instituted for the offences punishable under Sections 30(a)(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 71 litres of liquor has been recovered from the bank of river.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place. The petitioners have got no concern with
Patna High Court CR. MISC. No.44615 of 2025(2) dt.15-07-2025 2/2 the alleged recovery of liquor. The petitioners are in custody since 11.05.2025. Petitioner no.1 has three criminal antecedents whereas petitioner no. 1 has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 222 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T