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Patna High CourtCR. MISC./46006/2025allowed

Sudhir Kumar v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46006 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- EXCISE PIRO District- Bhojpur ====================================================== Sudhir Kumar Lakshman Singh @ Laxman Singh Resident of VillageKothiya, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Piro P.S. Case No. 81 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 10 liters of liquor was recovered from a bike. It is also alleged that one Neeraj Kumar was apprehended with the bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.46006 of 2025(2) dt.04-08-2025 2/3 committed no offence. He has falsely been implicated in this case. He also submits that this petitioner has been named in this case, as he is the owner of the said bike. It has also been submitted that Neeraj Kumar is petitioner's friend and he has taken his bike on an urgent call and has misused his bike. Petitioner is having no knowledge regarding the seizure and the alleged liquor.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having one case of similar nature.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of the offences in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise Piro P.S. Case No. 81 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Bhojpur at Ara, subject to the conditions as laid down

Patna High Court CR. MISC. No.46006 of 2025(2) dt.04-08-2025 3/3 under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T