Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68497 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- EXCISE HILSA District- Nalanda ====================================================== 1.

Satish Kumar, Son of Munshi Prasad, R/o Village - Dayalpur, P.S. - Hilsa, Dist. - Nalanda.

2.

Balmiki Yadav, Son of Suresh Yadav, R/o Village - Dayalpur, P.S. - Hilsa, Dist. - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that from an Ambulance, altogether 129.900 liters of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. They have no concern with the alleged recovery. Petitioner no. 1 is the driver of the vehicle and petitioner no.2 is passenger.

Patna High Court CR. MISC. No.68497 of 2025(2) dt.24-09-2025 2/2 Nothing has been recovered from their possession. They have no knowledge regarding the alleged liquor. They are in judicial custody since 22.08.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner no. 1 is having criminal antecedent of two cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Hilsa (Nalanda) in connection with Hilsa Excise P.S. Case No. 138 of 2025 with a condition that petitioners shall not indulge in similar nature of the offence in future.

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