Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58180 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- MALSALAMI District- Patna ====================================================== 1.

Roushan Kumar S/o Arun Prasad, R/o -Bari Bagicha, Bhaisani Tola, PSMalsalami, Dist- Patna. 2.

Karan Kumar S/o Pradeep Choudhary, R/o -Bari Bagicha, Bhaisani Tola, PS- Malsalami, Dist- Patna.

3.

Preetam Kumar S/o Pappu Prasad(Choudhary)@ Pappu Chodhary, R/o -Bari Bagicha, Bhaisani Tola, PS- Malsalami, Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Malsalami P.S. Case No.239 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 210 litre country made liquor and three scooty from the possession of petitioners and they were arrested on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners have no concern with

Patna High Court CR. MISC. No.58180 of 2025(2) dt.04-09-2025 2/2 alleged seized liquor and all the three seized scooty do not belong to them. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioners are in custody since 22.05.2025, petitioner no.1 has got clean antecedent and petitioner nos.2 & 3 have one criminal antecedent. Learned counsel submits that there is no likelihood of absconding the petitioners or tampering with the evidence and they undertake to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City, Patna in connection with Malsalami P.S. Case No.239 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T