Sundaram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45252 of 2026 Arising Out of PS. Case No.-717 Year-2026 Thana- Excise P.S. District- Sitamarhi ====================================================== Sundaram Kumar Son of Gautam Sharma @ Gautam Mishra R/O- Guushala Chowk, Gandhi Nagar, Ward No.11, P.S.- Punaura, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard the parties 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Excise Sitamarhi P.S. Case No. 717 of 2026 registered for the offences punishable under Section 30(a), 32(3) of Excise Act.
3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 5.875 litres of IMFL/country made liquor
4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the house of the petitioner, which was jointly occupied,
Patna High Court CR. MISC. No.45252 of 2026(2) dt.22-07-2026 2/2 where petitioner is a man of clean antecedent. It has been submitted that petitioner was neither present at the place of occurrence nor apprehended by the police at the spot. 5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as recovery of illicit liquor prima-facie not appears to be made from the physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, 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 Spl. Excise Court no. II, Sitamarhi /concerned Court, where the case is pending in connection with Excise Sitamarhi P.S. Case No. 717 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T