Sunil Kumar Yadav @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45136 of 2025 Arising Out of PS. Case No.-297 Year-2024 Thana- Marnga District- Purnia ====================================================== Sunil Kumar Yadav @ Sunil Kumar Son of Late Dukho Yadav Resident of Usari PS -Gogri Jamalpur, Dist- Khagaria P/A- At Ramangar, Ps- Maranga, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bhola Prasad, Advocate For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 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, 66.540 litres illicit foreign liquor was recovered from the seized vehicle of which this petitioner is registered owner.

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

Patna High Court CR. MISC. No.45136 of 2025(2) dt.22-08-2025 2/2 in question. It is further submitted that without the knowledge and consent of this petitioner, the illicit liquor was being transported in his vehicle. Moreover, charge-sheet has already been submitted and petitioner is in custody since 24.05.2025.

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 (Excise-01), Purnea in connection with Maranga P.S. Case No. 297 of 2024. (Prabhat Kumar Singh, J) shashank/- U T