Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30228 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Sonu Kumar Son of Mahendra Ray R/O Vill- Mahmudchak, P.S.- Nayagaon, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhumala Kumari, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nayagaon P.S. Case No. 257 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition Liquor and Excise Amendment Act, 2022.

3. As per prosecution case, the police has recovered 90 liters of illicit country-made liquor from the bushes. It is alleged that 5000 liters of raw materials were destroyed at the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.30228 of 2025(2) dt.09-05-2025 2/3 The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or 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.

5. Learned counsel for the petitioner further submits that the co-accused has been granted regular bail by this Court vide order dated 19.03.2025 passed in Cr. Misc. No. 16637 of 2025.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.30228 of 2025(2) dt.09-05-2025 3/3 the case is pending/successor court in connection with Nayagaon P.S. Case No. 257 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T