Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83742 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- AMBA District- Aurangabad ====================================================== 1.

Aditya Kumar Son of Ramchandra Mahato R/o village Bardi Khurd, P.S.- Barun, District - Aurangabad 2.

Prince Kumar Son of Late Awadhesh Ram R/o village Natrole, P.S.- Jamhore, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal, 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 Amba P.S. case No. 162 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 240.5 liters liquor was recovered from car and 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 the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.83742 of 2025(2) dt.04-12-2025 2/3 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners are not the owner of the vehicle in question rather the owner is one Mukesh Kumar Chanchal. The petitioners are in custody since 23.10.2025. The petitioner No. 1 has got clean antecedent while petitioner No. 2 has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 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/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amba P.S. case No. 162 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 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel

Patna High Court CR. MISC. No.83742 of 2025(2) dt.04-12-2025 3/3 the bail bonds of the petitioners.

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