Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85291 of 2025 Arising Out of PS. Case No.-1212 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== 1.

Pradeep Kumar Son of Ganesh Yadav RO Village - Parsatari, P.S. - Chauparan, District - Hajaribagh.

2.

Pramod Kumar Son of Kailash Prasad Yadav RO Village - Chondhi, P.S. - Fatehpur, District - Gaya Ji.

3.

Guddu Kumar @ Guddu Kumar Yadav Son of Mathur Prasad Yadav RO Village - Chondhi, P.S. - Fatehpur, District - Gaya Ji. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Advocate Mr. Ashutosh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Gaya Excise P.S. Case No. 1212 of 2025 instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 600 litres of liquor was recovered from four motorcycles.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.85291 of 2025(2) dt.10-12-2025 2/3 possession of the petitioners. Learned counsel further submitted that petitioners are in no manner connected with the vehicle in question or with the alleged recovery of liquor. The petitioners are in custody since 15.10.2025. Petitioners no. 1 has two criminal antecedents, petitioner no. 2 has one criminal antecedent whereas petitioner no. 3 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case as also 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 Gaya Excise P.S. Case No. 1212 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

Patna High Court CR. MISC. No.85291 of 2025(2) dt.10-12-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Alok Verma/- U T