Ishwar Lal @ Ishwar Lal Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79142 of 2025 Arising Out of PS. Case No.-1250 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Ishwar Lal @ Ishwar Lal Rawat S/O Babulal Rawat R/O village - Gadariyanwas, P.S- Binder, District Udaipur Rajashthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patna Excise P.S. Case No. 1250 of 2025, instituted for the offences punishable under Sections 30(a), 56(b) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 906.840 liters liquor was recovered from Bolero pick-up vehicle. The petitioner was travelling in car as a liner and was arrested on spot.

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

Patna High Court CR. MISC. No.79142 of 2025(2) dt.24-11-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was driver of the car in question and the alleged recovery has been made from another vehicle with which the petitioner has got no concern. The petitioner is in custody since 06.08.2025 and has got one criminal antecedent in which he is on bail. 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 Patna Excise P.S. Case No. 1250 of 2025.

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