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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36117 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- Excise Mashrakh District- Saran ======================================================
1. Punam Devi W/o Sonu Prasad Resident of village - Tampui Raj, P.S.- Sevarahi, Distt.- Kusinagar (U.P)
2. Sonu Prasad S/o Bikaram Prasad @ Vikram Prasad R/o vill - Tampui Raj, P.S.- Sevarahi, Distt.- Kusinagar (U.P)
3. Navjot Singh @ Nawjot Singh S/o Ramsaran R/o vill - Nausara, P.s.- Gursahaiganj, Distt. - Kannouj (U.P)
4. Dharmprakash Choube @ Dharm Prakash Chaubey S/o Late Omprakash Choube R/o vill - Rustam Bahiyari, P.s.- Banekta, Distt.- Devariya (U.P) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Mashrakh Excise PS Case No. 40 of 2025 instituted for the offences under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 108.360 liters foreign liquor was recovered from car.
4.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.36117 of 2025(2) dt.16-06-2025 2/2 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 submitted petitioners had taken lift from the car in question, and they were oblivious of the fact that illicit liquor was laden in the vehicle in question. The petitioners are in custody since 04-04- 2025 and have got no criminal antecedent/s. 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 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 Mashrakh Excise PS Case No. 40 of 2025.
Raj Kishore/- (Rudra Prakash Mishra, J) U T