Kartik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62266 of 2025 Arising Out of PS. Case No.-685 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== Kartik Kumar S/o Shankar Ram R/o Village- Nagla Kinjar, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Gaya Excise P.S. Case No. 685 of 2025 registered on 27.06.2025 for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 228 litres of beer was made from a three wheeler tempo and the petitioner who was apprehended from the spot is stated to be the driver.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. There is no independent witness to the seizure list. Petitioner is a poor person and used to work as a driver for his livelihood and he has

Patna High Court CR. MISC. No.62266 of 2025(2) dt.22-09-2025 2/3 no concern with the seized liquor Petitioner is having no criminal antecedent. Petitioner is in custody since 28.06.2025 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner as well as his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-3, Gaya/concerned court in connection with Gaya Excise P.S. Case No. 685 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three

Patna High Court CR. MISC. No.62266 of 2025(2) dt.22-09-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T