Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52677 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.

Amit Kumar S/O Umesh Mahto Resident of Village- Karinga Museri, P.S.- Chapra Muffasil, Dist.- Saran 2.

Jiwat Kumar @ Jiut Kumar S/O Late Laxman Mahto Resident of VillageKaringa Museri, P.S.- Chapra Muffasil, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Bhagwan Bazar PS Case No. 241 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 42 litres of country made liquor was recovered from Motorcycle bearing Regd No. BR04AV-0160.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.52677 of 2025(2) dt.11-08-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioners. The petitioners are in custody since 06.05.2025 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 petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwan Bazar PS Case No. 241 of 2025.

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