Aakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81692 of 2025 Arising Out of PS. Case No.-904 Year-2025 Thana- DANAPUR District- Patna ====================================================== Aakash Kumar S/o- Ram Pravesh Tanti @ Prawesh Tanti @ Ram Pravesh Prasad @ Ram Pravesh Tiwary Village- Akbarpur PS- Hilsa Distt- Nalanda, A/P- Bakri Mandipul Masallahpur Ps- Bahadurpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Excise Case No. 1913 of 2025 arising out of Danapur P.S. Case No. 904 of 2025 instituted for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 78.36 litres of liquor was recovered from auto.
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. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.81692 of 2025(2) dt.01-12-2025 2/2 submitted that petitioner is the driver of the vehicle in question but he had no knowledge regarding the liquor kept in the vehicle by the passenger. The petitioner is in custody since 30.08.2025 and has no criminal antecedent. 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 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 Special Excise Case No. 1913 of 2025 arising out of Danapur P.S. Case No. 904 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T