Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47001 of 2026 Arising Out of PS. Case No.-150 Year-2026 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Pradip Kumar S/O Kishori Singh R/O Village- Mehus, P.S.- Mehus, Distt.- Sheikhpura.

2.

Rahul Raj S/O Late Ramswarath Singh R/O Village- Mehus, P.S.- Mehus, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sheikhpura P.S. Case No. 150 of 2026, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 55 liters liquor was recovered from e-rickshaw.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.47001 of 2026(2) dt.15-07-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that petitioner no. 1 is passenger and petitioner no. 2 is driver and owner of the erickshaw The petitioners are in custody since 12.06.2026. Petitioner no. 1 has got no criminal antecedent and petitioner no. 2 has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 petitioner no. 2 be released on bail after framing of charge, if not already framed, and petitioner no. 1 be released on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. Case No. 150 of 2026, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

Patna High Court CR. MISC. No.47001 of 2026(2) dt.15-07-2026 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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