Sinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32776 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- MANPUR District- Nalanda ====================================================== Sinku Kumar, son of Late Kedar Mahto @ Kedar Prasad Resident of VillageHargawan, Police Station- Manpur, District- Nalanda (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Manpur P.S. Case No. 47 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 9.5 litres of foreign liquor from the house of co-accused, namely Subhash Ranjan @ Subhash Kumar, who is brother of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not apprehended from the place of occurrence and nothing has been recovered from his conscious possession. He has no concern with the seized liquor. Except the

Patna High Court CR. MISC. No.32776 of 2025(2) dt.19-05-2025 2/2 disclosure statement by the co-accused with whom petitioner has inimical term, there is no material against the petitioner. Petitioner has one criminal antecedent, which does not belong to Excise Act, in which he is on bail. Petitioner undertakes to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-II, Nalanda in connection with Manpur P.S. Case No. 47 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T