Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26333 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- BAUNSI District- Araria ====================================================== Sonu Kumar S/o Bamdev Singh @ Bamdev Chauhan @ Bamdev Kumar Chauhan R/o Village- Gunwanti Ward No. 09, P.S.- Bausi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bausi P.S. Case No. 37 of 2025 instituted for the offences under Sections 111(2)(ii)(3) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 131.85 litres of liquor was recovered from Maruti Suzuki Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.

Patna High Court CR. MISC. No.26333 of 2025(4) dt.29-08-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. Learned counsel further submitted that, prima-facie, no case is made out against the petitioner. The petitioner has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bausi P.S. Case No. 37 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T