Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12169 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- JHAJHA District- Jamui ====================================================== 1.

Sunil Kumar Son of Nakul Ravi Das Resident at Baddiha, Giridih, Jharkhand 2.

Pankaj Kumar Mandal Son of Dularchand Mandal Resident of Village - Papratand, Mufasil, Giridih, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 357 of 2024 registered for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 167.25 liters of liquor was recovered from four wheeler vehicle. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the present case. Petitioners have no knowledge and concern

Patna High Court CR. MISC. No.12169 of 2025(2) dt.21-02-2025 2/3 with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioners. It is submitted that petitioners are neither the owner nor the driver of the seized vehicle. It is further submitted that the name of the petitioners have transpired on the basis of confessional statement of apprehended co-accused persons. The petitioners have no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77107 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.12169 of 2025(2) dt.21-02-2025 3/3 court in connection with Jhajha P.S. Case No. 357 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

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