Patna High CourtCR. MISC./27953/2025bail granted

Sujit Kumar v. The State Of Bihar

2025-05-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27953 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Sujit Kumar Son of Asarfi Paswan R/O Village- Bela Chhapra, P.S.- Bela, District- Muzaffarpur, Pin-842002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bela P.S. Case No. 20 of 2025, instituted for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 134.625 liters liquor was recovered from car.

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 no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.27953 of 2025(2) dt.01-05-2025 2/2 for the petitioner also submits that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired in this case only on the basis of confessional statement made by co-accused person and the same has got no evidentiary value. The petitioner is in custody since 12.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bela P.S. Case No. 20 of 2025.

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