Patna High CourtCR. MISC./40996/2025bail granted

Sunil Kumar v. The State Of Bihar

2025-07-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40996 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- Excise P.S. District- Supaul ====================================================== Sunil Kumar S/o Shivjee Sah R/o - Bathnaha, Ward No.12, P.S. - Phulparas, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Sadar Supaul P.S. Case No. 133 of 2025 instituted for the offences punishable under Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 756 litres of liquor was recovered from Mahindra Scorpio.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. The petitioner has

Patna High Court CR. MISC. No.40996 of 2025(2) dt.02-07-2025 2/2 got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.05.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Excise Sadar Supaul P.S. Case No. 133 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T