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2025 DAILYLAW 96071 (PAT)

Brajesh Kumar @ Brajesh Singh v. The State of Bihar

CR. MISC./27713/2025 · 2025-04-29

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27713 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1. Brajesh Kumar @ Brajesh Singh S/o Late Shatrudhan Singh r/o Kutubpur ekra, P.S.- Sadar Vaishali, District- Vaishali 2. Rajan Kumar @ Ranjan Kumar S/o Late Suresh Thakur R/o Village- Suki, P.S.- Harlochanpur, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 29-04-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Nawada Excise PS Case No. 117 of 2025 instituted for the offences under Sections 30(a) & 47 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 180 liters foreign liquor was recovered from bus. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioner No.1 Patna High Court CR. MISC. No.27713 of 2025(2) dt.29-04-2025 2/2 was driver, whereas petitioner No.2 was cleaner of the bus in question, and they were oblivous of the fact that illicit liquor was laden in the vehicle. The petitioners are in custody since 26-02-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co- accused has been granted bail by this Court vide order dated 15-04-2025, passed in Cr. Misc. No. 22575 of 2025. 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 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 Nawada Excise PS Case No. 117 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T