Allowed¶20

Aditya Kumar v. The State of Bihar

Patna HC5 Feb 2025CR. MISC./5284/2025

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.5284 of 2025, decided 05-02-2025 by Rudra Prakash Mishra, J.: bail allowed to Aditya Kumar in Kuchaikote PS Case No. 495 of 2024, District Gopalganj, for offences under Sections 317(5) B.N.S. and 30(a) Bihar Prohibition and Excise Act; 54 litres country-made liquor allegedly recovered from motorcycle; custody since 20.11.2024; one criminal antecedent; counsel raised non-compliance of Section 103 B.N.S.S.; bail fixed at Rs.10,000/- with two sureties of like amount.

What did the court decide?

Petitioner 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 the Court below/concerned Court in connection with Kuchaikote PS Case No. 495 of 2024. ¶20

Aditya Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5284 of 2025

¶2

Arising Out of PS. Case No.-495 Year-2024 Thana- KUCHAIKOTE District- Gopalganj

¶3

======================================================

¶4

Aditya Kumar S/O Late Gorakh Mali R/O Village- Maniyara Farm, P.SKuchaikote, District - Gopalganj

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶9

ORAL ORDER

¶10

2 05-02-2025

¶11

Heard learned counsel for the petitioner and learned

¶12

APP for the State.

¶13

The petitioner seeks bail in connection with Kuchaikote PS Case No. 495 of 2024 instituted for the offences under Sections 317(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

¶14

The prosecution case, in short, is that total 54 litres of country made liquor was recovered from motorcycle.

¶15

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 has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner.

¶16

Patna High Court CR. MISC. No.5284 of 2025(2) dt.05-02-2025 2/2

¶17

The petitioner is in custody since 20.11.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

¶18

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

¶19

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

¶20

Let the petitioner 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 PS Case No. 495 of 2024.

¶21

(Rudra Prakash Mishra, J)

¶22

Raj Ranjan/- U T

Aditya Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aditya Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dinesh Rai Vs The State of Bihar

Rakesh Mukhiya Vs The State of Bihar

Shiv Narayan Yadav Vs The State of Bihar

Vijay Rai @ Vijay Kumar Vs The State of Bihar

Ajay Mandal Vs The State of Bihar

Ombabu Vs The State of Bihar