Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51698 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- KUTUMBA District- Aurangabad ====================================================== Prakash Kumar Son of Late Ram Swarup Chaudhari Resident of villageBasdiha, P.S.- Tandwa, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kutumba P.S. Case No. 88 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 200 litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicles in question. The
Patna High Court CR. MISC. No.51698 of 2025(2) dt.05-08-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15.06.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 Kutumba P.S. Case No. 88 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T