Pawan Kumar @ Pawan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90084 of 2024 Arising Out of PS. Case No.-648 Year-2024 Thana- BEUR District- Patna ====================================================== 1.

Pawan Kumar @ Pawan Prasad S/o- Late Tripurari prasad Resident of Mohalla- Lahladpur P s- Gaurichak District- Patna 2.

Vikky Kumar S/o- Dharmvir Singh @ Bablu Resident of MohallaNiyayatchak P s- Gaurichak District- Patna 3.

Mukesh Kumar S/o- Suresh Manjhi Resident of Mohalla- Raghurampur P sGaurichak District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Minnatullah, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Beur P.S. case No. 648 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 200 liters liquor was recovered from tempo.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case due to dirty village politics. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.90084 of 2024(2) dt.18-01-2025 2/2 the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that petitioner No. 1 is the driver and petitioner Nos. 2 and 3 are passengers of the tempo and they have no knowledge regarding the nature of goods kept in the tempo. The petitioners are in custody since 28.10.2024 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 Beur P.S. case No. 648 of 2024.

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