Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39974 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== Suraj Kumar S/o- Thakur Mukhiya Village- Jagir Karariya W.No-2, PsKotwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Areraj P.S. Case No. 29 of 2025 instituted for the offences under Sections 274 and 275 of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 60 liters of illicit country-made liquor from the motorcycle. The petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the
Patna High Court CR. MISC. No.39974 of 2025(2) dt.25-06-2025 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized liquor or the place of occurrence. The petitioner has never indulged in illicit trade of liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 16.02.2025 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Ranjeet Mukhiya has been granted bail by Co-ordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 32719 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the prayer for bail being based on parity, let the petitioner,
Patna High Court CR. MISC. No.39974 of 2025(2) dt.25-06-2025 3/3 abovenamed, be released on 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 Areraj P.S. Case No. 29 of 2025. (Rudra Prakash Mishra, J) rishi/- U T