Brijesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71382 of 2025 Arising Out of PS. Case No.-554 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== 1.
Brijesh Kumar S/o- Surya Das @ Suraj Das Village- Ward no.10, Manikpur Sareya, P.S.-Harsidhi, District- East Champaran 2.
Amit Kumar S/o- Surya Das R/v- Manikpur Sareya Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Harsidhi P.S. Case No. 554 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 174.960 litres of liquor has been recovered from the house of the petitioners.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made
Patna High Court CR. MISC. No.71382 of 2025(3) dt.01-11-2025 2/2 from the joint house of the petitioners where other family members of the petitioners also reside. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 06.08.2025 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 554 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T