Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55422 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1.

Sunil Kumar S/o Sukeshwar Mahto Resident of Village- Jain Khurd, P.S.- Karja, District- Muzaffarpur, Bihar 2.

Jaichandra Mahto S/o Jageshwar Mahto Resident of Village- Paru Gopalpur, P.S.- Paru, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kateya P.S. Case No. 281 of 2025 dated 27.05.2025 registered for the offences punishable u/ss 317(5) read with Section 3(5) of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 117 litres of illicit foreign liquor was recovered from the Bolero Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.55422 of 2025(2) dt.13-08-2025 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioner no. 2 is the driver and the petitioner no. 1 is the co-driver of the seized vehicle but they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 28.05.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Goaplganj in connection with Kateya P.S. Case No. 281 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T