Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23420 of 2025 Arising Out of PS. Case No.-356 Year-2023 Thana- SAHPUR District- Patna ====================================================== Sonu Kumar Son of Bachu Prasad Resident of Village- Daulatpur, PO and PSBihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Karn, Advocate Mr. Rishup, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Shahpur P.S. Case No. 356 of 2023 registered for the offence under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 250 litres of IMFL/country made liquor from the Car.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor admittedly not appears to be recovered from the physical possession of this petitioner and his implication appears only for the reason that he is the owner of the car. It is also submitted that the car in issue was given to co-accused person in good faith for personal use but it

Patna High Court CR. MISC. No.23420 of 2025(5) dt.22-08-2025 2/2 was misused, which was not in knowledge of this petitioner. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the physical possession of this petitioner, where implication appears prima facie for the reason that petitioner is the owner of vehicle, which found carrying illicit liquor, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge Danapur/concerned Court, where the case is pending in connection with Shahpur P.S. Case No. 356 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T