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2025 DAILYLAW 64282 (PAT)

Karu Kumar v. The State of Bihar

CR. MISC./52336/2025 · 2025-08-07

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52336 of 2025 Arising Out of PS. Case No.-993 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Karu Kumar S/o Shivaji Prasad R/o - Village - Shiya Rampur, P.S. - Kadamkuan, District - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Avinash, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Excise Patna P.S. case No. 993 of 2025 instituted for the offences under Sections 30(a), 56(b) and 62 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 138.7 liters liquor was recovered out of which 36 liters liquor have been recovered from Auto, 8.64 liters liquor from Scooty and 94.1 liters liquor was recovered from room of a house. 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 Patna High Court CR. MISC. No.52336 of 2025(2) dt.07-08-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is driver of the Auto and he had been hired by owner of the Scooty and he had no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 18.06.2025 and has 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 petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Patna P.S. case No. 993 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T