Hiralal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57717 of 2025 Arising Out of PS. Case No.-1062 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Hiralal Kumar S/O Late Shankar Sahni R/O Village- Barharwa, P.SMuffasil, Distt.- East Champaran. 2.

Sipahi Kumar S/O Jairam Kumar R/O Village- Barharwa, P.S- Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Excise P.S. Case No. 1062 of 2025 for the offences registered under Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act.

3. There is recovery of total 270 litre Nepali liquor from two different vehicles (motorcycle and car). Petitioners were apprehended on the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on suspicion. Nothing has been recovered from the

Patna High Court CR. MISC. No.57717 of 2025(3) dt.11-09-2025 2/2 conscious possession of the petitioners. Petitioners have neither concern with the said vehicles nor with the seized liquor. Petitioners are not owner of the said vehicles. There is violation of Section 103 of the B.N.S.S. in preparation of seizure-list. Petitioners have no criminal antecedent. They are in judicial custody since 05.07.2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-2, East Champaran, Motihari in connection with Excise P.S. Case No. 1062 of 2025. (Sunil Dutta Mishra, J.) rakhi/- U T