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Patna High CourtCR. MISC./6745/2025bail granted

Sonu Kumar v. The State Of Bihar

2025-03-07Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6745 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Sonu Kumar, Male, aged about 29 years, Son of Rajkumar Mandal, Resident of Village - Tintanga Diyara, Near High School, P.S. - Rangra, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Parbatta P.S. Case No. 101/2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, altogether 13 litres of illicit liquor was recovered from a motorcycle, bearing Registration No.BR39X-7110.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further

Patna High Court CR. MISC. No.6745 of 2025(2) dt.07-03-2025 2/3 submitted that petitioner has been made accused being the owner of the said motorcycle. Admittedly, at the time of the alleged seizure and recovery of illicit liquor, petitioner was not present and the said motorcycle was being driven by co-accused Kundan Kumar, which was given to him by the petitioner in good faith and petitioner had no idea that the he was carrying liquor on the said motorcycle. Petitioner has clean antecedent.

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

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-12-cum-Special Judge, Excise-2, Bhagalpur in connection with Parbatta P.S. Case No. 101/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been

Patna High Court CR. MISC. No.6745 of 2025(2) dt.07-03-2025 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T