Sudhir Ram @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11188 of 2025 Arising Out of PS. Case No.-840 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Sudhir Ram @ Sudhir Kumar S/O Mahavir Ram R/O Village- J.P. Nagar, P.SGovindpur, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nawada Excise Case No.840 of 2024 for the offences punishable under Sections 30(a)/47 of the Bihar Prohibition and Excise Act.

3. It would appear from perusal of the First Information Report, as also from the seizure list, that 7 liters country made mahua liquor has been recovered from a motorcycle which was being driven by one Guddu Kumar. It has been alleged that the apprehended accused Guddu Kumar took the name of the petitioner in his disclosure statement.

4. Learned counsel for the petitioner submits that the recovery of 7 liters country made liquor is from the co-accused Guddu Kumar and his name has only been taken in the

Patna High Court CR. MISC. No.11188 of 2025(2) dt.26-03-2025 2/2 disclosure statement made by him. No recovery has been made from the conscious possession of the petitioner and the petitioner is neither the owner of the motorcycle nor the alleged liquor.

5. Learned APP for the State, however, draws the attention of this Court to two criminal antecedents of the petitioner which are of the same nature.

6. Considering the quantum of recovery and that the motorcycle and the liquor does not belong to the petitioner, I am inclined to enlarge the petitioner on anticipatory bail. Let in case of his arrest/surrender within a period of four weeks from today, the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, II, Nawada in connection with Nawada Excise Case No.840 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition that the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail. (Soni Shrivastava, J) arvind/- U T