Narayan Bhuiyan @ Nanayan Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47154 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Narayan Bhuiyan @ Nanayan Bhuiyan S/o Surendra Bhuiyan R/o VillageDangara, P.S.- Madanpur, Distt- Aurangabad 2.

Dinesh Rikiyashan S/o Late Munarik Rikiyasan R/o Village- Khaira, P.S.- Kasma, Distt- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Madanpur PS Case No. 189 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 70 litres of country made liquor was recovered from Motorcycle bearing Registration No. BR26B-9639.

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.47154 of 2025(2) dt.22-07-2025 2/2 submitted that motorcycle in question does not belong to the petitioners. It is further submitted that the name of the petitioners have transpired on secret information. The petitioners are in custody since 12.05.2024. Petitioner no. 1 has one criminal antecedent and petitioner no. 2 has 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 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 Madanpur PS Case No. 189 of 2025.

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