Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23200 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- HATHAURI District- Muzaffarpur ====================================================== Subodh Kumar, aged about 24 years (Male), S/o Parmeshwar Das @ Prameshwar Baitha, Resident of Vill.- Berai, Ward No. 8, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Raju Kumar, Advocate For the Opposite Party :
Mr. Khurshid Anwar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Hathauri P.S. Case No. 32 of 2025 dated 18.02.2025 registered for the offences punishable under Sections 274, 275 of the B.N.S. 2023, Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 25(1-B)(a) and 26 of the Arms Act.
3. As per the prosecution case, police apprehended the petitioner and two country made katta was recovered from his possession and total 33.750 litres of foreign liquor was recovered from his house
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23200 of 2025(3) dt.14-07-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no arms was recovered from the possession of the petitioner but the police took his signature on a plain paper and later on converted into a seizure list. It is further alleged that the seized illegal foreign liquor was recovered from the joint house of the petitioner where other family members also used to reside. The petitioner has no concern with the alleged seized liquor. There is no statutory compliance under Section 103 of the B.N.S.S., 2023. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 18.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-III, Muzaffarpur in connection with Hathauri P.S. Case No. 32 of 2025 with further condition:- (I) The petitioner is directed to remain
Patna High Court CR. MISC. No.23200 of 2025(3) dt.14-07-2025 3/3 physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T