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Patna High CourtCR. MISC./78576/2025bail granted

Amar Kumar v. The State Of Bihar

2025-11-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78576 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- BIHPUR District- Bhagalpur ====================================================== Amar Kumar S/o Manoj Kumar@Monoj Kumar Roy Resident of VillageRannuchak, Makandpur, ward No 03, PS- Nathnagar, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bihpur P.S. case No. 218 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 185.940 liters liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the

Patna High Court CR. MISC. No.78576 of 2025(2) dt.20-11-2025 2/2 Scorpio vehicle. The petitioner is said to be driver of Maruti Dzire vehicle and has been made scapegoat in the present case. The petitioner is in custody since 01.09.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihpur P.S. case No. 218 of 2025.

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