Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7505 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sunil Kumar S/o- Vishwanath Ram Village- Patahi Ps- Patahi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Kundwachainpur PS Case No. 185 of 2024 instituted for the offences under Sections 317(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 486 litres of Nepali liquor was recovered from Scorpio. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no

Patna High Court CR. MISC. No.7505 of 2025(2) dt.15-02-2025 2/2 knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 14.11.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Charge-sheet has been submitted in this case.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kundwachainpur PS Case No. 185 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T