Solu Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33358 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Solu Kumar @ Sonu Kumar son of Chandradev Yadav R/O- Besa PSParbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Parbatta (Madaiya O.P.) P.S. Case No. 11 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the police has recovered total 36 liters of illicit foreign liquor from the door of the petitioner.

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 on the basis of suspicion. He further submits that the place of

Patna High Court CR. MISC. No.33358 of 2025(2) dt.16-05-2025 2/3 occurrence is an open place which is accessible to one and all. 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. He further submits that primafacie, no case is made out against the petitioner. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. Learned counsel for the petitioner further submits that the co-accused Shivnandan Kumar has been granted regular bail by this Court vide order dated 24.02.2025 passed in Cr. Misc. No. 10206 of 2025.

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

6. 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

Patna High Court CR. MISC. No.33358 of 2025(2) dt.16-05-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parbatta (Madaiya O.P.) P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T