Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77105 of 2025 Arising Out of PS. Case No.-668 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.

Arun Kumar Son of Late Brahamdev Thakur Resident of Village - Tarauni(Darveshpura), P.S.- Katarisarai, District- Nalanda. 2.

Nand Kishore Yadav Son of Late Chotan Yadav Resident of Village - Nakarpura, P.S.- Biharsharif, District- Nalanda. 3.

Manoj Kumar Son of Prem Sah Resident of Village - Mahadevganj, P.S.- Barbigha, District- Shekhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Nawada Excise P.S. Case No. 668 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 531.60 liters liquor was recovered from bus and 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 has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.77105 of 2025(2) dt.15-11-2025 2/2 got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioners are not the owner of the bus rather petitioner no. 1 is driver, petitioner no. 2 is conductor and petitioner no. 3 is Khalasi of the bus and they have got no knowledge with regard to the nature of goods loaded in the vehicle in question. The petitioners are in custody since 09.09.2025 and have got no criminal 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 Nawada Excise P.S. Case No. 668 of 2025.

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