Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20101 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- BARH District- Patna ====================================================== Sunil Kumar S/o Nunu Ram R/o Vill./Mohalla- Bazipur, Ward No. 3, P.S.- Barh, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barh P.S. Case No. 52 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 121.68 liters of illicit liquor from the Jute sac. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and

Patna High Court CR. MISC. No.20101 of 2025(2) dt.03-04-2025 2/3 has falsely been implicated in the present case due to dirty village politics. He further submits that the petitioner has no concern with the alleged place of occurrence from where the alleged illicit wine were recovered. The petitioner has never indulged in the illegal trade of wine. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.01.2025 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 petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let

Patna High Court CR. MISC. No.20101 of 2025(2) dt.03-04-2025 3/3 the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. Case No. 52 of 2025. (Rudra Prakash Mishra, J) rishi/- U T