Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34007 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- JANTA BAZAR District- Saran ====================================================== Sudhir Kumar Singh son of Haribansh Singh Village- Awas Vikash colony, hardoi, Ps and Dist- Hardoi, UP, P/A- Subhash Nagar Kalyanpur, Vikashnagar, Ps- Kalyanpur, Dist- Lucknow, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Janta Bazar PS Case No. 265 of 2024 instituted for the offences under Sections 37 & 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180mL of liquor was recovered from Scorpio.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case as being the owner of the Scorpio in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. Learned counsel for the

Patna High Court CR. MISC. No.34007 of 2025(2) dt.20-06-2025 2/2 petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 17-02-2025, passed in Cr. Misc. No. 7683 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar PS Case No. 265 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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