Pujeri Kumar @ Pujari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.238 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- EXCISE SONPUR District- Saran ====================================================== Pujeri Kumar @ Pujari Kumar Son of Kameshwar Rai @ Kameshwar Prasad village- Baburbani, Post and Ps- Sonepur, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankita Roy, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonepur Excise PS Case No. 173 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 50 litres liquor was recovered from motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner.

Patna High Court CR. MISC. No.238 of 2025(2) dt.31-01-2025 2/2 The petitioner is in custody since 29.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 09.01.2025 passed in Cr. Misc. No. 89188 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Sonepur Excise PS Case No. 173 of 2024.

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