Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12212 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Sudhir Kumar Son of Stya Narayan Mahto Resident of Village- Dariyapur, P.S.- Samastipur (M), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard Mr. Suneil Kumar Thakur, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

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

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 392.10 liters of foreign liquor is said to have been recovered from the vehicle. He submits that the petitioner is the owner of the seized vehicle on that basis, he has been made accused in this case. He submits that the petitioner has already sold the seized vehicle to another person. He submits that the petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.10,000.00

Patna High Court CR. MISC. No.12212 of 2025(2) dt.07-03-2025 2/2 (Rupees Ten Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Vidyapati Nagar P.S. Case No. 136 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund, Patna.

devendra/- (Anjani Kumar Sharan, J) U T