Prashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79612 of 2025 Arising Out of PS. Case No.-715 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== 1.
Prashant Kumar S/o Abhikant Paswan Resident of Village- Karpuri Chauk, ward no. 20, P.S and District- Madhepura 2.
Vikash Kumar S/o Ramesh Yadav R/o vill - Sohaga tola, Bhagwanpur, ward no. 12, P.s. and Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Purnea Sadar Excise P.S. Case No. 715 of 2025, instituted for the offences punishable under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 142.200 liters liquor was recovered from car 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.79612 of 2025(2) dt.25-11-2025 2/2 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are not the owner of that car in question rather petitioner no. 1 was driver and petitioner no. 2 was sitting in that vehicle and both of them had got no knowledge with regard to the nature of goods loaded in that vehicle. The petitioners are in custody since 26.08.2025 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 Purnea Sadar Excise P.S. Case No. 715 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T