Patna High CourtCR. MISC./63858/2025bail granted

Arpit 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.63858 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- KATORIYA District- Banka ====================================================== Arpit Kumar, S/o Rajiv Kumar, R/o Village - Chuglo, Ward No.- 04, P.S - Jamwa, District - Giridih (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Katoriya Excise P.S. Case No. 140 of 2025 registered for the alleged offence under Sections 30 (a), 32(1), 32 (3) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, on search of the vehicle being driven by the petitioner, recovery of 94.875 liters of foreign liquor was made and the petitioner was apprehended.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the seized liquor. The petitioner is neither the driver nor the owner of the vehicle. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.63858 of 2025(2) dt.23-09-2025 2/3 person/possession of the petitioner. The petitioner is having clean antecedent and is in custody since 11.08.2025.

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

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the recovery from a vehicle to which the petitioner is said to be the driver and further considering the period of custody of the petitioner along with his clean antecedent, the petitioner 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 Special Judge, Exclusive Excise Court No. 2, Banka, in connection with Katoriya Excise P.S. Case No. 140 of 2025, subject to the conditions mentioned in Section 480

(3) of BNSS and also the following conditions : (i) One of the bailors will be the 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 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.63858 of 2025(2) dt.23-09-2025 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T