Bunty Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71275 of 2025 Arising Out of PS. Case No.-482 Year-2025 Thana- EXCISE KAHALGAON DistrictBhagalpur ====================================================== 1.
Bunty Kumar S/o- Gopal Mahto R/v- Teliya Pokhar Ps-Ratanpur DistBegusarai 2.
Gaurav Kumar S/o- Ramashankar Singh R/v- Kanausi W.No-3, Ps- Gadhpur Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baijnath Sah, Adv For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Excise Kahalgaon P.S. Case No. 482 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 69.120 liters of foreign liquor was recovered from car. Petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.71275 of 2025(3) dt.04-12-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that petitioner no.1 is driver and petitioner no.2 was sitting as a passenger and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 06.09.2025 and have got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Excise Kahalgaon P.S. Case No. 482 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.71275 of 2025(3) dt.04-12-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) krishnakant/- U T