Sudhir Kumar Nirala @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3012 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== SUDHIR KUMAR NIRALA @ SUDHIR KUMAR S/O RAM DAYAL AZAD RESIDENT OF VILLAGE SAHIT, WARD NO 10, P.SVIDYAPATINAGAR, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Vidyapatinagar P.S. Case no.118 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. A bare perusal of the F.I.R and the seizure list would go to show that 99 liters of foreign liquor is said to have been recovered from an old rickety auto laying in a bamboo bush.
4. Learned counsel for the petitioner submits that F.I.R is registered against unknown. The petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the said vehicle. The said auto was
Patna High Court CR. MISC. No.3012 of 2025(3) dt.02-05-2025 2/3 not in working condition and the same had been abandoned by the petitioner and he was not aware of it being put to any illegal use. No recovery has been made from physical or conscious possession of the petitioner. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has two criminal antecedents, but is on bail in the same.
7. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Vidyapatinagar P.S. Case no.118 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise 1st, Samastipur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the learned Court below
Patna High Court CR. MISC. No.3012 of 2025(3) dt.02-05-2025 3/3 would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.
(Soni Shrivastava, J) harsh/- U T