Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 55802 (PAT)

Bittu Kumar v. The State of Bihar

CR. MISC./43575/2025 · 2025-07-10

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43575 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Bittu Kumar S/O Sunil Rai R/O Village- Purvi Balua @ Purbi Baluan, P.S- Doriganj, Dist- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Awtarnagar PS Case No. 65 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 303(2) & 317(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that 80 liters country made liquor was recovered from 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.43575 of 2025(2) dt.10-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern with the motorcycle in question. The petitioner is in custody since 23-02-2025 and has 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 petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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 Awtarnagar PS Case No. 65 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T