Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3636 of 2025 Arising Out of PS. Case No.-562 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Sudhir Kumar Son of Chandeshwar sahni 2.

Rahul Kumar Son of Chandeshwar Sahni Both are resident of Village- Kauriya Raipur, P.S.- Nanpur, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Nanpur P.S.Case No.562 of 2024, registered for the offence(s) punishable under Sections Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation made in the FIR, altogether 10 ltrs. of illicit country-made liquor has been recovered from Orchard of co-accused Ramchandra Mandal.

4. It is submitted by the learned counsel appearing on behalf of the petitioners that nothing has been recovered from the conscious possession of the petitioners and the recovery is from the public place, which is easily accessible to anyone.

Patna High Court CR. MISC. No.3636 of 2025(2) dt.12-02-2025 2/2 Petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court 2, Sitamarhi District Sitamarhi/concerned court, in connection with Nanpur P.S.Case No.562 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T