IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44701 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rupesh Kumar S/o- Subodh Upadhyay @ Subodh Upadhya Resident of village - Shahpur, Ward No. 07, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Majorganj P.S. case No. 194 of 2025 instituted for the offences under Section 317 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 270 liters liquor was recovered out of which 144 liters liquor was recovered from car and 63 liters liquor each were recovered from two motorcycles. 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 Patna High Court CR. MISC. No.44701 of 2025(2) dt.16-07-2025 2/2 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that none of the vehicles belong to the petitioner. The petitioner is in custody since 25.05.2025 and has got two criminal antecedents. 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 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 Majorganj P.S. case No. 194 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T