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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31723 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Rajan Kumar S/O Arun Sharma R/O Village- Teyay, PS- Bhagawanpur, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Kumar, Advocate For the Opposite Party/s : Ms. Sangeeta Sharma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bakhri PS Case No. 104 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 total 113.31 liters liquor was recovered, out of which 104.31 liters liquor was recovered from Car and 9 liters liquor was recovered from the motorcycle.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.31723 of 2025(2) dt.15-05-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern either with the car or the motorcycle in question and, in fact, his name has been disclosed by co-accused as one of his associates. The petitioner is in custody since 30-03-2025 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhri PS Case No. 104 of 2025.
Raj Kishore/- (Rudra Prakash Mishra, J) U T