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Patna High CourtCR. MISC./48319/2025bail granted

Arun Kumar v. The State Of Bihar

2025-07-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48319 of 2025 Arising Out of PS. Case No.-773 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Arun Kumar S/o Suresh Patel R/o Village- Banhaura Bazar, Ward No.7, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 773 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 605.520 litres of foreign liquor was recovered from Mahindra Bolero Pick-up vehicle bearing Registration No. BR22GB-9794. 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 driver and he has no knowledge regarding the

Patna High Court CR. MISC. No.48319 of 2025(2) dt.28-07-2025 2/2 nature of goods booked by the transporter. The petitioner is in custody since 24.05.2025 and has got one criminal antecedent 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 Excise PS Case No. 773 of 2025.

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