Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83946 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- BABURA District- Bhojpur ====================================================== 1.
Raj Kumar S/o- Late Pyere Lal Resident of Village- Parokh P.S- Mangalpur District- Kanpur Dehat U.P 2.
Bhagwan Singh S/o- Raghunath Singh R/v- Imlaha Ps- Mihona Dist- Bhind, M.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Adv For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Babura P.S. Case No. 67 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 1570.65 liters of foreign liquor was recovered from Bus. Both the petitioners were arrested 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
Patna High Court CR. MISC. No.83946 of 2025(2) dt.04-12-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that petitioner no.1 is conductor and petitioner no.2 is driver of the alleged bus and they have no knowledge regarding the nature of goods kept in the Dikki of Bus. The petitioners are in custody since 20.10.2025 and have 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 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 Babura P.S. Case No. 67 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every
Patna High Court CR. MISC. No.83946 of 2025(2) dt.04-12-2025 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) krishnakant/- U T