Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13890 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Sunny Kumar Son of late Pappu Mahto Resident of Village- Thakuri Chak, Ward No.3, Near Devi Sthan, P.S.- Garhara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar, Adv For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. From perusal of the First Information Report and the seizure list, it would appear that a total recovery of 5.4 liters of foreign liquor was recovered from a bag which was hanging on a motorcycle.

4. Learned counsel for the petitioner submits that the motorcycle which was parked in front of the house of the petitioner which is densely populated area and there is possibility of someone else putting the bag containing liquor on the motorcycle in order to save himself from the police. There is

Patna High Court CR. MISC. No.13890 of 2025(3) dt.13-05-2025 2/2 no independent witness to the seizure list and the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Judge, Excise Begusarai, in connection with Excise P.S. Case No.260 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and subject to the further condition that the petitioner shall co-operate in the investigation/trial. (Soni Shrivastava, J) N.K/- U T