Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22062 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- SIRDALA District- Nawada ====================================================== 1.

Sunny Kumar S/o- Sunil Chaudhary Vill-Mahugain,P.S. - Parnadabar, DistNawada 2.

Rohit Kumar S/o- Sahdeo Rajvanshi Vill-Mahugain,P.S. - Parnadabar, DistNawada 3.

Mukesh Kumar S/o- Narayan Rajvanshi @ Narayan Chauhan @ Narayan Prasad Vill- Gosainbigha Pachamba,P.S. - Sirdalla, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sirdalla P.S. Case No. 62 of 2025 instituted for the offences under Section 30(a)/45 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 490 liters of illicit liquor from four motorcycles. It is alleged that total 290 liters of illicit liquor were recovered from the motorcycles of the petitioners. The petitioners were

Patna High Court CR. MISC. No.22062 of 2025(2) dt.08-04-2025 2/3 arrested on the spot.

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 the present case. The petitioners have not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioners. The petitioners are neither owner of the seized motorcycle nor having any concern with the alleged recovered liquor. The petitioner nos. 1 & 2 have one criminal antecedent each whereas petitioner no.3 has no criminal antecedent and are languishing in judicial custody since 24.02.2025 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 as also the period of custody of the petitioners, let the

Patna High Court CR. MISC. No.22062 of 2025(2) dt.08-04-2025 3/3 petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdalla P.S. Case No. 62 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T