Sunil Kumar @ Badnasib @ Badnaseeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32078 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sunil Kumar @ Badnasib @ Badnaseeb S/o Upendra Singh R/o Vill.-Kerai, Ward No.- 8, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bibhutipur PS Case No. 198 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 312.00 litres of foreign liquor was recovered from the field of Akhilesh Kumar.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.32078 of 2025(2) dt.13-05-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place which is accessible to one and all. The petitioner has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other coaccused has been enlarged on anticipatory bail by this Court vide order dated 25-10-2024, passed in Cr. Misc. No. 63778 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, 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 the case is pending/successor court in connection with Bibhutipur PS Case No. 198 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Rudra Prakash Mishra, J) Raj Kishore/- U T