Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49055 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- KOPA District- Saran ====================================================== Abhishek Kumar S/o Pramod Rai R/o Village- Lal Pokhar Dighi, P.S.- Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aniket Singh, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kopa PS Case No. 120 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 120.96 litres of foreign liquor was recovered from Mahindra XUV vehicle bearing Regd No. JH20C-2949.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no
Patna High Court CR. MISC. No.49055 of 2025(2) dt.29-07-2025 2/2 knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 16.05.2025 and has got two criminal antecedents in which he is on bail. 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 petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner 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 Kopa PS Case No. 120 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T