Bisi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88323 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- GORADIH District- Bhagalpur ====================================================== 1.

Bisi Kumar Son of Hiran Ram @ Hiran Ray Resident of Village- Chhoti Goddi Badharpur, P.S.- Kajraili, Distt.- Bhagalpur 2.

Kishan Kumar Tanti @ Raja @ Krishn Mohan Tanti Son of Naresh Tani Resident of Village- Narga Chowk, P.S.- Nathnagar, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Goradiah PS Case No. 145 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 10.85 litres of foreing liquor was recovered from motorcycle. 4.

Learned counsel for the petitioners submit 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 got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the

Patna High Court CR. MISC. No.88323 of 2024(6) dt.30-01-2025 2/2 petitioners. It is further submitted that motorcycle in question belongs to co-accused Kranti Kumar. The petitioners are in custody since 16.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. 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, clean antecedent of the petitioners 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goradiah PS Case No. 145 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T