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2025 DAILYLAW 33696 (PAT)

Gopal Harijan v. The State of Bihar

CR. MISC./22310/2025 · 2025-04-10

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22310 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== 1. Gopal Harijan S/o Bechan Harijan R/o Digghi, P.s.- Mahgama, Distt.- Godda (Jharkhand) 2. Lalan Yadav S/o Mahgu Yadav R/o vill - Digghi Kishnpur, P.S.- Madhusudanpur, Distt.- Bhagalpur 3. Titu Yadav S/o Late Dhamni Yadav @ Dhamandi Yadav R/o vill - Digghi Kishnpur, P.S.- Madhusudanpur, Distt.- Bhagalpur 4. Manoj Yadav S/o Chakardhar Yadav R/o vill - Digghi Kishnpur, P.S.- Madhusudanpur, Distt.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Bhawanipur P.S. case No. 33 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 174.54 liters liquor was recovered from car and the petitioners were arrested on spot. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.22310 of 2025(2) dt.10-04-2025 2/3 the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered 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 petitioner no. 1 was driver and petitioner Nos. 2 to 4 were passengers who had taken lift in the vehicle. They have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 06.03.2025 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, clean antecedents 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 Patna High Court CR. MISC. No.22310 of 2025(2) dt.10-04-2025 3/3 Bhawanipur P.S. case No. 33 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T