Patna High CourtCR. MISC./50981/2025bail granted

Jhandu Kumar v. The State Of Bihar

2025-08-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50981 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

Jhandu Kumar S/o Arjun Chauhan R/o Vill- Purnadih, P.S.- Muffasil, DisttNawada 2.

Gulabi Devi @ Gulab Devi W/o Arjun Chauhan R/o Vill- Purnadih, P.S.- Muffasil, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Muffasil P.S. Case No. 254 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 100 liters of illicit country-made liquor from the house of the petitioners. Both the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence

Patna High Court CR. MISC. No.50981 of 2025(2) dt.04-08-2025 2/3 as alleged against them and have falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners further submits that as a matter of fact, the alleged recovery of illicit liquor has been made from the open place outside the house of the petitioners which is accessible to one and all and the petitioners have no concern with the seized liquor. The petitioners have never indulged either in manufacturing or trading of the illicit liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and are languishing in judicial custody since 18.06.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the

Patna High Court CR. MISC. No.50981 of 2025(2) dt.04-08-2025 3/3 petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, 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 Muffasil P.S. Case No. 254 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T