Sushant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29309 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- MORO District- Darbhanga ====================================================== Sushant Kumar son of Dilip Kumar chaudhary, R/o Village- Patori, PS- Moro, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 61(2) and 3(5) of the B.N.S. and under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case,1098 litres of illicit liquor has been recovered from the field under the pit, which was dug by the JCB.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no
Patna High Court CR. MISC. No.29309 of 2025(2) dt.14-05-2025 2/2 concern with the alleged recovery. The said recovery is from an open field of one Alok Choudhary, which is accessible to all. Although petitioner is the owner of the said JCB, but no recovery has been made from the JCB in question.
5. Learned APP for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga, in connection with Moro P.S. Case No. 15 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T