Patna High CourtCR. MISC./64064/2025bail granted

Harshit Kumar v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64064 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- BHELDI District- Saran ====================================================== Harshit Kumar S/O Umashankar Pathak R/O Vill.- Bheldi, P.S.- Bheldi, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bheldi P.S. Case No. 191 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the police received information about transportation of illicit liquor on a motorcycle and checking of vehicles was started. Two persons tried to flee away leaving behind the motorcycle on seeing the police party. This petitioner was apprehended and co-accused Vikash Kumar fled away. From a big bag on the motorcycle, recovery of 80 liters of country made liquor was made.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64064 of 2025(2) dt.23-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor. The petitioner is not the owner of the motorcycle from which the recovery has been shown. The police did not apprehend the real culprit. Nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner is having clean antecedent. The petitioner is in custody since 14.07.2025 and charge sheet has been submitted.

5. Learned APP 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 the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Court, Saran at Chapra, Patna/concerned Court in connection with Bheldi P.S. Case No. 191 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.64064 of 2025(2) dt.23-09-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three 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) DKS/- U T