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2025 DAILYLAW 53764 (PAT)

BABLU KUAMR v. The State of Bihar

CR. MISC./41877/2025 · 2025-07-07

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41877 of 2025 Arising Out of PS. Case No.-551 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1. Bablu kuamr s/o- shyam patel village- pantoka w.no-18, ps- haraiya dist- east champaran 2. Sheo Kumar S/o- Mohan Prasad @ Sohan Prasad Village- Pantoka W.No- 17, Ps- Haraiya Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-07-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Motihari Excise PS Case No. 551 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 54 litres of Nepali liquor was recovered from Motorcycle bearing Registration No. (BR05AU2256). 4. Learned counsel for the petitioners submit 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 Patna High Court CR. MISC. No.41877 of 2025(2) dt.07-07-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioners.. The petitioners are in custody since 19.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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 of the petitioners 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motihari Excise PS Case No. 551 of 2025. Raj Ranjan/- (Rudra Prakash Mishra, J) U T