Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72378 of 2025 Arising Out of PS. Case No.-531 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Pawan Kumar S/O Munna Sah @ Munna Sahni R/O Village- Rupdih, P.SHarsidhi, Distt.- East Champaran. 2.

Arjun Kumar S/O Late Raju Sah R/O Village- Rupdih, P.S- Harsidhi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Harsidhi P.S. Case No. 531 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, on receipt of information about two persons carrying illicit liquor on a motorcycles, the identified motorcycle was intercepted and the petitioners were apprehended carrying 45 liters of country made chulai liquor in a brown sack.

04. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.72378 of 2025(2) dt.13-10-2025 2/3 the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The motorcycle in question does not belong to any of the petitioners and they are neither the owner nor the driver of the said motorcycle. The petitioners are having clean antecedent. The petitioners are in custody since 25.07.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioners. Learned APP submits that the petitioners are seeking bail claiming their age to be 18 years and there is no submission that they are juvenile.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners along with submission of charge-sheet and further considering the age of the petitioners, they are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. -1, East Champaran at Motihari/court concerned in connection with Harsidhi P.S. Case No. 531 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

Patna High Court CR. MISC. No.72378 of 2025(2) dt.13-10-2025 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T