Patna High CourtCR. MISC./63946/2025bail granted

Pratush 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.63946 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- SANHAULA District- Bhagalpur ====================================================== Pratush Kumar S/O Late Shashi Kumar Yadav Resident of Village- Kataiya, P.S.- Singheshwar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anzarul Haque Sahara, 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.

02. In the present case, the petitioner seeks bail in connection with Sanhaula P.S. Case No. 132 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, recovery of 171 liters of India made foreign liquor was made from a vehicle in which the petitioner was traveling. The petitioner was apprehended whereas the co-accused driver of the vehicle made his good escape.

04. 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 vehicle in question.

Patna High Court CR. MISC. No.63946 of 2025(2) dt.23-09-2025 2/3 Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is working as sales man and has been traveling in the vehicle as passenger. He was having no knowledge about hidden foreign liquor in the vehicle. The petitioner is having clean antecedent and is in custody since 01.08.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering 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 Exclusive Special Excise Judge-II, Bhagalpur/court concerned in connection with Sanhaula P.S. Case No. 132 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

Patna High Court CR. MISC. No.63946 of 2025(2) dt.23-09-2025 3/3 (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) Ashish/- U T