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Patna High CourtCR. MISC./25892/2025bail granted

Sonu Kumar v. The State Of Bihar

2025-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25892 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Sonu Kumar Son of Manoj Rajbanshi Village -Ramdev PS -Akabarpur Distt -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Akbarpur PS Case No. 123 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 1500 liters country made liquor was recovered from four motorcycles, out of which 500 liters liquor was recovered from motorcycle, which petitioner was riding.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.25892 of 2025(2) dt.24-04-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is labour and while he was on his way, he was apprehended by the police and has become the victim of the circumstances. Petitioner has no concern with the motorcycle in question. The petitioner is in custody since 10-03-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Akbarpur PS Case No. 123 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T