Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69160 of 2025 Arising Out of PS. Case No.-404 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== 1.

Saurabh Kumar Son of Kishori Rajbanshi Resident of village - Purbi Visthapit, Rajgir, P.S.- Rajgir, District - Nalanda 2.

Chandan Kumar Son of Satyendra Rajbanshi Resident of village - Purbi Visthapit, Rajgir, P.S.- Rajgir, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The petitioners were arrested when they tried to flee away from the Toto and on search, 12.96 litres illicit liquor was recovered from the Toto vehicle of petitioner no.1.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on the basis of suspicion. Petitioner no.1 is owner of the seized toto vehicle and petitioner no.2 is his friend. Petitioner no.1 is a student of Intermediate, who used to drive

Patna High Court CR. MISC. No.69160 of 2025(2) dt.24-09-2025 2/2 the seized toto vehicle for his livelihood. When petitioners were waiting for passengers, in the meanwhile on suspicion, they were arrested. Nothing has been recovered from conscious possession of the petitioners. Petitioners have no concern with the seized liquor. There is no independent witness of the seizure list. Petitioners, who are young boys, are in jail since 16.07.2025 having no criminal antecedent and they undertake to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bihar, Nalanda in connection with Rajgir P.S. Case No.404 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T