Sanjay Kumar @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19818 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- Pothia District- Katihar ====================================================== 1.

Sanjay Kumar @ Sanjay Kumar Singh Son of Late Kishan Deo Singh Resident of Village - Pipar Patti Pashraha, P.S. - Pashraha, District - Khagaria 2.

Sanni Kumar Son of Late Vijay Singh Resident of Village - Pipar Patti Pashraha, P.S. - Pashraha, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Pothia P.S. Case No. 09 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 223.920 liters of illicit foreign liquor from the Bolero Pick-up bearing Regd. No. BR10GC6649.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in

Patna High Court CR. MISC. No.19818 of 2025(2) dt.03-04-2025 2/3 the present case. The petitioner no.1 is the driver whereas petitioner no.2 is the co-driver of the seized vehicle. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioners. The petitioners have no concern either with the alleged vehicle or the recovered liquor. The petitioners were having no knowledge of the illicit liquor being kept in the alleged vehicle. The petitioners are not the owner of the alleged vehicle. The petitioners have no criminal antecedent and are languishing in judicial custody since 01.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.19818 of 2025(2) dt.03-04-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Pothia P.S. Case No. 09 of 2025. (Rudra Prakash Mishra, J) rishi/- U T