Suman Kumar Sah @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34304 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Suman Kumar Sah @ Suman Kumar S/o Rajendra Sah R/o Laheriyaganj, P.S.- Nagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

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

2.

The petitioner apprehends his arrest in connection with Sadar Excise P.S. Case No. 346 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 1074 litres of liquor was recovered from Hut.

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 on the basis of disclosure made by apprehended co-accused person. Learned counsel for the petitioner, therefore, contends that prima-facie

Patna High Court CR. MISC. No.34304 of 2025(2) dt.20-06-2025 2/2 no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused have been granted regular bail by this Court vide order dated 03-03-2025, passed in Cr. Misc. No. 13643 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 Sadar Excise P.S. Case No. 346 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