Patna High CourtCR. MISC./54082/2025bail granted

Rajan Kumar v. The State Of Bihar

2025-08-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54082 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Rajan Kumar S/o Raghunath Sharma R/o Village - Majhigama, P.S - Kevti, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Shabina Talat, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Madhwapur P.S. case No. 88 of 2025 instituted for the offences under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 135 liters liquor was recovered from Auto Bajaj.

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

Patna High Court CR. MISC. No.54082 of 2025(2) dt.13-08-2025 2/2 further submitted that the petitioner was driving the said auto and he had no knowledge regarding the nature of goods kept in vehicle. The petitioner is not indulged in business of illicit liquor. The petitioner is in custody since 30.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhwapur P.S. case No. 88 of 2025.

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