Monu Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2982 of 2025 Arising Out of PS. Case No.-1157 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Monu Kumar Suman S/O Sunil Kumar Suman R/O Village- Kataiya Goth, Ward No.- 12, P.S- Pipra, District- Supaul ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner is apprehending his arrest in connection with K. Hat P.S. Case No. 1157 of 2023 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Petitioner has got two criminal cases, where he is on bail, as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to have in possession of 226.380 litres of foreign liquor and 18 litres of beer and engaged in illegal trading/manufacturing of illicit liquor.

Patna High Court CR. MISC. No.2982 of 2025(2) dt.12-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated in the present case only being the owner of the vehicle bearing Registration No. BR11AW-0973. It is submitted that admittedly no liquor appears to be recovered from conscious physical possession of this petitioner. While concluding argument, it is pointed out that petitioner found involved in two more criminal cases, where he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as illicit liquor not appears to be recovered from physical possession of this petitioner, where implication appears only being owner of the vehicle, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No. 1, Purnea/concerned court in

Patna High Court CR. MISC. No.2982 of 2025(2) dt.12-02-2025 3/3 connection with K. Hat P.S. Case No. 1157 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.") and further condition that: Petitioner shall not indulge in similar kind of offence till conclusion of trial, failing which the learned trial court/concerned court shall be at liberty to cancel the bail bond of the petitioner.

(Chandra Shekhar Jha, J) Rajeev/- U T