Abhishek Gupta @ Aryan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47367 of 2025 Arising Out of PS. Case No.-224 Year-2025 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== 1.

Abhishek Gupta @ Aryan son of Raj Kumar Gupta Resident of Village - Kari Tin, P.s. - Kaptanganj, District - Kushinagar (U.P.) 2.

Vandana Kumari @ Kajal Sahni @ Vandana Ku. wife of Vinay Kumar village- parsiya, Ps- Gulhariya Dist- Gorakhpur Up ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Maharajganj Excise PS Case No. 224 of 2025 instituted for the offences under Sections 30(a), 32(3) and 44 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 397.785 litres of foreign liquor was recovered from Wagon-R Car bearing Registration No. BR01EX-6979.

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

Patna High Court CR. MISC. No.47367 of 2025(2) dt.23-07-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner is 2 is sitting as a passenger in the vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 23.05.2025 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maharajganj Excise PS Case No. 224 of 2025.

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