Sushil Kumar@Naga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31568 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- TARARI District- Bhojpur ====================================================== 1.
Sushil Kumar @ Naga S/o Dhani Ram @ Rajendra Ram R/o vill - Karath, P.s. - Tarari, Distt.- Bhojpur 2.
Jitendra Singh S/o Late Jagan Singh @ Jagnarayan Singh R/o vill - Karath, P.s. - Tarari, Distt.- Bhojpur 3.
Anshu Kumar @ Chulli @ Chulli Singh S/o Jitendra Singh R/o vill - Karath, P.s. - Tarari, Distt.- Bhojpur 4.
Jitendra Bari @ Chottak Bari S/o Shivpujan Bari R/o vill - Karath, P.s. - Tarari, Distt.- Bhojpur 5.
Chandan Kumar @ Chandan Kumar @ Chandan Kahar S/o Dinesh Kahar @ Dinesh Prasad R/o vill - Karath, P.s. - Tarari, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Tarari P.S. Case No.-58 of 2025, dated 29.03.2025 registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 80 litre of illicit liquor has been recovered from the pond side situated in the village of Karath.
Patna High Court CR. MISC. No.31568 of 2025(2) dt.15-05-2025 2/3
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioners and they have been implicated in this case only on the basis of suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner Nos. 1 and 2 have no criminal antecedents, whereas petitioner Nos. 3 and 4 have one criminal antecedents. Petitioner No. 5 has also two criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection
Patna High Court CR. MISC. No.31568 of 2025(2) dt.15-05-2025 3/3 with Tarari P.S. Case No.-58 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T