Bail was granted due to lack of incriminating evidence and long custody period.

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

2 04-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Vibhutipur P.S. Case No. 419 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act .

3. The prosecution case, in short, is that total 103.680 liters of foreign liquor was recovered from Maruti Suzuki Car.

Petitioners were arrested on spot.

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 petitioners have got no concern with the alleged recovery of liquor or the vehicle. Learned counsel for the petitioners submits that one co- accused along with driver was apprehended on spot and the petitioners have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 22.10.2025 and have got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vibhutipur P.S. Case No. 419 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel (Rudra Prakash Mishra, J)

krishnakant/-