Patna High CourtCR. MISC./81609/2025bail granted

Gunanand Kumar v. The State Of Bihar

2025-11-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81609 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Gunanand Kumar Son of Chhote Lal Kunwar Resident of Village - Bagewa, Ward No.- 12, P.S.- Andhramath, District - Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Prasad Yadav, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Andharamath P.S. Case No. 150 of 2025, instituted for the offences punishable under Sections 274/275 of BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 63 liters of Nepali liquor was recovered from motorcycle. Petitioner 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 the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.81609 of 2025(2) dt.27-11-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that alleged motorcycle parked on public road and so far recovery of liquor is concerned, the same is planted by the police party. The petitioner is in custody since 28.08.2025 and has got clean 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 Andharamath P.S. Case No. 150 of 2025.

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