Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42286 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- BASANHI District- Saharsa ====================================================== Sonu Kumar S/O Mahful Sharma R/O Bhada, P.S- Sonvarsha Raj, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma, Advocate For the Opposite Party/s :
Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Basnahi P.S. No. 37/2025 registered on 12.03.2025 for the offences punishable under Section 30(a), 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 84 liters mahua wine, loaded on a motorcycle, is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that nothing has been recovered from the possession of the petitioner. Rather, the alleged recovery has been made from the possession of a co-accused, who has disclosed the
Patna High Court CR. MISC. No.42286 of 2025(2) dt.09-07-2025 2/2 name of the petitioner, alleging that he fled from the scene upon seeing the police party. Except for this disclosure statement, there is no other material against the petitioner. It is further submitted that the petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Saharsa, in connection with Basnahi P.S. Case No. 37/2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T