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2025 DAILYLAW 72039 (PAT)

Milan Kumar v. The State of Bihar

CR. MISC./60825/2025 · 2025-09-18

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60825 of 2025 Arising Out of PS. Case No.-195 Year-2025 Thana- Excise P.S. District- Bhagalpur ====================================================== Milan Kumar, S/O Kamaleshwari Choudhary, R/O village- Kamarganj, Ward no. 12, P.S.-Kishanpur, Distrcit- Supaul. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks regular bail in connection with Bhagalpur Excise Sadar Case No. 195 of 2025, for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act. 3. There is recovery of 295.560 litre foreign liquor from a Toyota ET105 Car. Petitioner was driving the said car. He was arrested on the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner is neither driver nor owner of the said vehicle. He has no concern with the seized liquor. He was only a passerby. No incriminating material has Patna High Court CR. MISC. No.60825 of 2025(2) dt.18-09-2025 2/2 been recovered from the conscious possession of the petitioner. There is no independent witness to the seizure-list. Petitioner has no criminal antecedent. He is in custody since 17.07.2025. There is no chance of absconding the petitioner or tampering with the evidence. 5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. 6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-1, Bhagalpur in connection with Bhagalpur Excise Sadar Case No. 195 of 2025. rakhi/- (Sunil Dutta Mishra, J.) U T