Amalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1526 of 2025 Arising Out of PS. Case No.-594 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== 1.

Amalesh Kumar S/o- Pulish Rai Village- Banwaripur Ps- Dariyapur DistSaran 2.

Ramesh Manjhi S/o- Sahdeo Manjhi Village- Huraha Ps- Dariyapur DistSaran 3.

Balistar Rai S/o- Late Saheb Rai@Late Saheb Lal Rai Village- Porai PsDariyapur Dist- Saran 4.

Gopal Kumar @ Gopal Kumar Manjhi @ Gopal Kr. Manjhi S/o- Mahesh Manjhi Village- Hukraha Ps- Baniyapur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Dariyapur P.S. case No. 594 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 232.950 liters liquor was recovered from Mahindra Bolero vehicle.

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

Patna High Court CR. MISC. No.1526 of 2025(2) dt.21-01-2025 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners were the passengers sitting in the vehicle and on seeing the police, the driver fled away leaving the vehicle. The petitioners are in custody since 22.10.2024 and have got no 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dariyapur P.S. case No. 594 of 2024.

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