IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23732 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== 1. Suraj Kumar Son of Satyendra Singh village- Tika bigha, Mocharima, Ward no. 27, Ps- Bodhgya, Dist- Gaya 2. Kundan Kumar son of Shailendra Prasad @ Shailendra Kumar Verma village- Tika bigha, Mocharima, Ward no. 27, Ps- Bodhgya, Dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Excise P.S. Case No. 216 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, total 500 liters cough syrup was recovered out of which 300 liters cough syrup was recovered from a tempo and the petitioners were apprehended 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 have been recovered from the conscious possession of the petitioners. The petitioners Patna High Court CR. MISC. No.23732 of 2025(2) dt.17-04-2025 2/2 have got no concern with the alleged recovery of cough syrup. Learned counsel for the petitioners also submits that petitioner no. 1 is driver and petitioner no. 2 is khalasi of the tempo in question. Both the petitioners have got no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 26.02.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 216 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T