Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59885 of 2025 Arising Out of PS. Case No.-124 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Pradeep Kumar Son of Mukhtar Singh Resident of Village - Sujapur, P.S. - Ateli Mandi, Dist. - Mahendergarh(HR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 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 Sections 30(a), 32(2), 38(1) and 41(1) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 2134.080 litres of illicit liquor was recovered from Truck bearing Reg. No. RJ23GA-4467. Two persons, namely, Satish Kumar and Babulal Yadav were apprehended on chase who disclosed that the said truck belongs to this petitioner.
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.59885 of 2025(2) dt.03-09-2025 2/3 case due to dirty village politics. As a matter of fact, petitioner is a member of Panchayat Samiti, Ateli, Mahendragarh and only to defame the petitioner in the locality, his name has been transpired in this case. Petitioner is neither the owner nor the driver of the seized truck. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. It is submitted that the co-accused persons who were apprehended, namely, Satish Kumar @ Satish and Babu Lal Yadav have already been granted bail by a Co-ordinate Bench of this Court vide order dated 04.04.2019 passed in Cr. Misc. No. 39111 of 2019. Petitioner has one criminal antecedent in which he is on bail. There is no chance of absconding of the petitioner or tampering with the evidence. Petitioner is in custody since 01.07.2025 and he 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 Additional
Patna High Court CR. MISC. No.59885 of 2025(2) dt.03-09-2025 3/3 District and Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikote P.S. Case No.124 of 2019, subject to the following condition:- (i) Petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.
(Sunil Dutta Mishra, J) utkarsh/- U T