Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49583 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- DEWARIA District- Muzaffarpur ====================================================== Saroj Kumar S/O Jaykishun Paswan R/O Vill.- Dubarbana, P.S.- Deoria, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. 2.

The petitioner seeks bail in connection with Deoria PS Case No. 113 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 117.120 litres of country made liquor was recovered from near the house of the petitioner.

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 recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.49583 of 2025(2) dt.30-07-2025 2/2 one and all. The petitioner is in custody since 02.06.2025 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 Deoria PS Case No. 113 of 2025.

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