Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74621 of 2025 Arising Out of PS. Case No.-310 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

Amod Kumar S/o Jagarnath Saw R/o Village - Nawner, P.S - Obra, District - Aurangabad, State - Bihar 2.

Mamta Devi W/o Arun Chaudhary R/o Village - Nawner, P.S - Obra, District - Aurangabad, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, 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 Ramgarh P.S. Case No. 310 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 234 liters liquor was recovered from two Scorpio vehicles and both the petitioners were apprehended 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 have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.74621 of 2025(2) dt.01-11-2025 2/2 have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are not owner of the vehicles in question rather petitioner no. 1 is driver and petitioner no. 2 is passenger of that vehicle and both of them had no knowledge with regard to the nature of goods loaded in the vehicles. The petitioners are in custody since 07.09.2025 and have got one criminal antecedent in which they are on bail. There is no compliance of Section 100 of Cr.P.C.

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 Ramgarh P.S. Case No. 310 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T