Patna High CourtCR. MISC./82769/2025bail granted

Brajesh Kumar Gupta v. The State Of Bihar

2025-12-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82769 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- RASULPUR District- Saran ====================================================== 1.

Brajesh Kumar Gupta S/O Virendra Sah R/O Vill.- Chanchaura, P.S.- Rasulpur, Dist.- Saran At Chapra 2.

Vijay Kumar S/O Virendra Sah R/O Vill.- Chanchaura, P.S.- Rasulpur, Dist.- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Rasulpur P.S. Case No. 188 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 1.800 liters liquor was recovered from jute bag.

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 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned

Patna High Court CR. MISC. No.82769 of 2025(2) dt.03-12-2025 2/2 counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioners are in custody since 06.11.2025 and have got two and one, respectively, criminal antecedents. 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 Rasulpur P.S. Case No. 188 of 2025.

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