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Patna High CourtCR. MISC./48325/2025bail granted

Amod 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.48325 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Amod Kumar S/o Late Shivji Rai Resident of village- Jhangirpur, PSRaghopur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Sinha, Advocate For the Opposite Party/s :

Mr. Pronoti 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 Khusrupur PS Case No. 119 of 2025 instituted for the offences under Sections 303(2), 317(2), 317(5), 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 185 litres of liquor was recovered out of which 15 litres of liquor was recovered from the petitioner's motorcycle. 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

Patna High Court CR. MISC. No.48325 of 2025(2) dt.28-07-2025 2/2 that motorcycle in question does not belong to the petitioner. The petitioner is in custody since 13.04.2025 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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 Khusrupur PS Case No. 119 of 2025.

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