Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54614 of 2025 Arising Out of PS. Case No.-374 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Bhola Kumar Son of Upendra Ray Resident of Village - Marchamarchi, P.S.- Baypass, District - Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, 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 Makhdumpur (Tehta) P.S. case No. 374 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 453 liters liquor was recovered from car.
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 further submitted that the petitioner is not the owner of the car
Patna High Court CR. MISC. No.54614 of 2025(2) dt.13-08-2025 2/2 in question. On the instruction of the owner, the petitioner was driving the car and he had no knowledge regarding the nature of goods kept in vehicle. The petitioner is in custody since 03.06.2025 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 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 Makhdumpur (Tehta) P.S. case No. 374 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T