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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29979 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua) ======================================================
1. Abhishek Mishra S/o Babloo Mishra R/o Village- Kumhapur, P.O.- Kurhi, P.S.- Baragaw, Varanasi (U.P.)
2. Sundaram Pandey S/o Manoj Pandey R/o Village- Khewali-Bhatasar, P.S.- Jansa, Distt.- Varanasi (U.P.)
3. Ishwar Narayan Singh S/o Dudhanath Singh R/o Village- Mangalpur, P.S.- Lauhata, Distt.- Varanasi (U.P.) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Mukul Kumari, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Sharma APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Durgawati P.S. case No. 103 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 240 liters liquor was recovered from Scorpio 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 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.29979 of 2025(2) dt.08-05-2025 2/2 further submitted that the vehicle in question does not belong to the petitioners. The petitioners were sitting in the vehicle and were going to a marriage party and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 30.03.2025 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 antecedent 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 Durgawati P.S. case No. 103 of 2025.
Pankaj/- (Rudra Prakash Mishra, J) U T