Patna High CourtCR. MISC./39131/2025bail granted

Sunil Kumar v. The State Of Bihar

2025-06-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39131 of 2025 Arising Out of PS. Case No.-33 Year-2021 Thana- Excise P.S. District- Madhepura ====================================================== Sunil Kumar Son of Janak Yadav Resident of Village- Shakhuwa,Ward No. 01, P.S.- Madhepura, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura Excise P.S. Case No. 33 of 2021 dated 09.12.2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 94 litres of cough syrup containing codeine was recovered from the house of the co-accused Sudhish Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.39131 of 2025(2) dt.24-06-2025 2/2 the petitioner has sprung up in this case in the confessional statement of the co-accused person. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2025. The co-accused person has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 23.06.2022 passed in Cr. Misc. No. 11340 of 2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Madhepura Excise P.S. Case No. 33 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T