Patna High CourtCR. MISC./79666/2025bail granted

Ayush Kumar @ Rahul Kumar v. The State Of Bihar

2025-11-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79666 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- HASANPUR District- Samastipur ====================================================== Ayush Kumar @ Rahul Kumar S/o- Bimalesh Prasad Singh Resident of Village- Sihi PS- Hasanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hasanpur P.S. Case No. 153 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 total 240 litres of liquor has been recovered near the poultry farm in bushes.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the bushes near the poultry farm, which is an open place,

Patna High Court CR. MISC. No.79666 of 2025(2) dt.25-11-2025 2/2 accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 19.09.2025 and has four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Hasanpur P.S. Case No. 153 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T