Patna High CourtCR. MISC./69248/2025allowed

Jay Prakash Kumar v. The State Of Bihar

2025-09-25Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69248 of 2025 Arising Out of PS. Case No.-564 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Jay Prakash Kumar, Son of Ganga Prasad, Village -Rasalpur, Ward No.05, PS- Dumra, Dist -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sitamarhi Excise P.S. Case No. 564 of 2025 for the offence registered under Sections 30 (a) and 32(3) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 210.600 litres of Nepali Gaurav Saufi liquor recovered from a car. Petitioner is alleged to be the driver of the seized car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the driver of the seized car. He has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.69248 of 2025(2) dt.25-09-2025 2/2 the petitioner had no knowledge about the seized liquor kept in the car. Petitioner is in jail custody since 04.08.2025, having no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.- II, Sitamarhi, in connection with Sitamarhi Excise P.S. Case No. 564 of 2025.

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