Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56001 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- Excise P.S. District- Madhepura ====================================================== Sunil Kumar, Son of Dinesh Yadav, Village- Jaipalpatti, Ward No. 15, PSMadhepura, Dist- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Sanjay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Parmanand Kumar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Madhepura Excise P.S. Case No.136 of 2024, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the FIR, 30 liters of illegal country-made chulai liquor was recovered from the back side of Gumti.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and the recovery is from behind the Gumti, which is easily accessible to the public. The name of the petitioner has surfaced on the basis of information given by the local people. Learned counsel further submitted that the petitioner is not involved in illicit trade of liquor. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

Patna High Court CR. MISC. No.56001 of 2024(2) dt.31-08-2024 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumSpecial Judge Excise-II, Madhepura/concerned court, in connection with Madhepura Excise P.S. Case No.136 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J.) Ashish/durgesh U T