Patna High CourtCR. MISC./47047/2025bail granted

Sudhir Kumar v. The State Of Bihar

2025-08-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47047 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- SINGHWARA District- Darbhanga ====================================================== Sudhir Kumar S/O Baleshwar Mahto R/O village- Tehwara, P.O. Katra, P.S.- Bahera, District- Muzaffarpur, Bihar- 843321. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kanchan Jha, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 385.380 litres illicit foreign liquor was recovered from three motorcycles. Petitioner is registered owner of one of the seized vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely because he happens to be owner of the vehicle in question. It is further submitted that without the knowledge

Patna High Court CR. MISC. No.47047 of 2025(2) dt.29-08-2025 2/2 and consent of this petitioner, the illicit liquor was being transported in his vehicle. Petitioner is in custody since 25.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II (Excise Act), Darbhanga in connection with Singhwara P.S. Case No. 290 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T