Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15737 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Sunil Kumar S/o Nandu Rai @ Nandu Ray Resident of village - Motnaje, P.S.- Chiraiya, Distt.- 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. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chiraiya PS Case No. 518 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 80 litres of country made liquor was recovered from Motorcycle. 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

Patna High Court CR. MISC. No.15737 of 2025(2) dt.18-03-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It is further submitted that petitioner is only the passerby of the way. The petitioner is in custody since 16.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 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, clean antecedent of the petitioner 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 Chiraiya PS Case No. 518 of 2024.

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