IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51282 of 2025 Arising Out of PS. Case No.-310 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== 1. Nitish Kumar S/O Late Mohan Prasad @ Late Mohan Prasad Yadav R/O Village- Pahwachak, P.S- Rajauli, Dist.- Nawada. 2. Subodh Prasad @ Subodh Prasad Yadav S/O Babulal Yadav R/O Village- Pahwachak, P.S- Rajauli, Dist.- Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 05-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Rajauli P.S. case No. 310 of 2025 instituted for the offences under Sections 303(2), 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 354 liters liquor was recovered out of which 180 liters liquor was recovered from motorcycle and 174 liters liquor was recovered from bush. 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.51282 of 2025(2) dt.05-08-2025 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 and the place from where recovery is made. It is further submitted that vehicle in question does not belong to the petitioner. The petitioners are in custody since 14.06.2025 and have got no criminal antecedent. 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 petitioners. 6. Considering the aforesaid facts and circumstances of the case, clean antecedents 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 Rajauli P.S. case No. 310 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T