Patna High CourtCR. MISC./76748/2025bail granted

Roushan Kumar v. The State Of Bihar

2025-11-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76748 of 2025 Arising Out of PS. Case No.-234 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Roushan Kumar Son of Phul Paswan @ Phul Kumar Paswan Resident of Village - Laxmipur, Ward No.- 3, Police Station - Kaluahi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Basopatti P.S. Case No. 234 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 108 liters of Nepali liquor was recovered from motorcycle.

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. The petitioner is not the owner of the vehicle and he has no concerned with the

Patna High Court CR. MISC. No.76748 of 2025(2) dt.12-11-2025 2/2 goods loaded on the vehicle. The petitioner is in custody since 30.09.2025 and has got clean 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basopatti P.S. Case No. 234 of 2025.

(Rudra Prakash Mishra, J) manish/- U