Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56590 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- BARARI District- Katihar ====================================================== Badal Kumar S/O Wakil Sahni R/O Azampur Shankarganj, P.S- Barari, DisttKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise.

3. As per the prosecution case, on secret information the police intercepted a motorcycle upon which two persons were sitting. One of the accused managed to flee away and one co-accused was apprehended with motorcycle and a mobile. Upon search, 103 liter country made wine from a bag loaded on motorcycle was recovered. The apprehended accused disclosed the name of the petitioner, who is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.56590 of 2025(3) dt.04-09-2025 2/2 case and his name has been surfaced only on the basis of the disclosure statement by the co-accused. The petitioner is neither the owner of the seized motor-cycle and nor he has any concern with seized liquor. No incriminating material has been recovered from the conscious possession of the petitioner. After completion of investigation, charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner is in custody since 03.06.2025 having one criminal antecedent. The petitioner undertakes to cooperate in the trial.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge, Excise Court No-1, Katihar, in connection with Barari(Semapur) P.S. Case No. 72 of 2025. (Sunil Dutta Mishra, J) krishnakant/- U T