IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90011 of 2024 Arising Out of PS. Case No.-463 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1. Md. sahroj S/O Late guljar R/O Vill.- Jakir Husain colony gali no. 31 ward no.- 87, P.S- Lohia Nagar Kotawali, Dist.- Merath, State- U.P 2. Md. Tufail S/O Jameel Ahmad @ Mohd Jameel R/O Vill.- Jakir Husain colony gali no. 31 ward no.- 87, P.S- Lohia Nagar Kotawali, Dist.- Merath, State- U.P ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adarsh Ranjan, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 20-02-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary. 2. The petitioners seek bail in connection with Kuchaikote P.S. Case No. 463 of 2024 instituted for the offences punishable under Sections111(2)(b) of the BNS and 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 2545.5 litres of liquor was recovered from DCM truck. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted Patna High Court CR. MISC. No.90011 of 2024(3) dt.20-02-2025 2/2 that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is only the driver of the vehicle in question whereas petitioner no.2 is the co-driver and both the petitioners had no knowledge regardin the goods loaded in the vehicle. The petitioners are in custody since 31.10.2024 and have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. 5. Learned APP 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 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 Kuchaikote P.S. Case No. 463 of 2024. Alok Verma/- (Rudra Prakash Mishra, J) U T