Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22762 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Sushil kumar Singh S/o Late Nagendra Singh R/o village,P. O -Poiwan , P. S - Aurangabad, District - Aurangabad ( Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ramadhar Shekhar, Adv.

Ms. Dharam Shila Kumari, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is not named in F.I.R. and apprehending his arrest in connection with Excise P.S. Case No. 46 of 2025, registered for the offences punishable under Section 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of IMFL/country made liquor from the Tempo.

4. It is submitted by learned counsel that the petitioner implicated with present case being owner of

Patna High Court CR. MISC. No.22762 of 2025(2) dt.30-04-2025 2/3 the tempo bearing registration no. BR-26F-5816, from where recovery of alleged illicit liquor was made. It is further submitted that illicit liquor was not made from conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, 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 Judge, Excise 2nd, Aurangabad (Bihar)/concerned Court, where the case is pending in connection with Excise P.S. Case No. 46 of 2025,, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/-

Patna High Court CR. MISC. No.22762 of 2025(2) dt.30-04-2025 3/3 U T