Sujit Kumar @ Bittu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35652 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- DEWARIA District- Muzaffarpur ====================================================== Sujit Kumar @ Bittu singh S/o Rajdev Singh R/o Vill.- Gokhula, PS- Paru, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dewariya P.S. Case No. 84/2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police during the course of vehicle check intercepted a Bolero car and one person who was driving the same was apprehended who disclosed his name as Sujit Kumar @ Bittu Singh (petitioner). On search, a total of 77.760 liters of Indian made foreign liquor was recovered.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that no recovery has been
Patna High Court CR. MISC. No.35652 of 2025(2) dt.29-05-2025 2/3 made from the conscious possession of the petitioner. Learned counsel further submits that the petitioner is only the driver of the said vehicle from which illicit liquor was recovered and he had no concern whatsoever with the consignment which was loaded on the Bolero car. It is lastly submitted that the petitioner has clean antecedent and is in custody since 28.04.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that a total of 77.760 liters of Indian made foreign liquor was recovered from the Bolero car which the petitioner was driving.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner has clean antecedent and he was only the driver of the vehicle from which illicit liquor was recovered, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise- 2nd, Muzaffarpur in connection with Dewariya P.S. Case No. 84/2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present
Patna High Court CR. MISC. No.35652 of 2025(2) dt.29-05-2025 3/3 in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T