Patna High CourtCR. MISC./62891/2025allowed

Gyani Kumar v. The State Of Bihar

2025-09-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62891 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- CHORAUT District- Sitamarhi ====================================================== Gyani Kumar, Son of Devan Mukhiya, Resident of Village - Singhiyahi, Ward - 21, P.S.- Pupari, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard Mr. Dwij Raj, learned counsel for the petitioner and Mr. Parmanand Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Choraut P.S. Case No. 95 of 2025 registered for the offence punishable under Section 132 of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioner was apprehended with a bike and from that bike, altogether 135 liters of Nepali Saufi liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been framed in this case by the police. He has no concern with the alleged liquor. He is not the owner of the bike. He is in judicial custody since 06.07.2025.

Patna High Court CR. MISC. No.62891 of 2025(2) dt.22-09-2025 2/2

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of three cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Exclusive Excise Court No. II, Sitamarhi in connection with Choraut P.S. Case No. 95 of 2025 with a condition that petitioner shall not indulge in similar nature of the offence in future.

(Ashok Kumar Pandey, J) lata/- U T