Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59388 of 2025 Arising Out of PS. Case No.-318 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sonu Kumar Son of Jodhan Paswan, Resident of Village- Basar Kalam, P.S.- Sikraul, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Udwantnagar P.S. Case No.318 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 828 litre illicit foreign liquor from the Pickup vehicle bearing Registration No. UP-70MT-3845 and petitioner who is driver of the said vehicle tried to flee away from the spot but was arrested on chase.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is the driver of the vehicle in question and he had no knowledge with regard to the fact that illicit liquor was kept in the vehicle. Learned counsel submits that no incriminating article has been recovered from the

Patna High Court CR. MISC. No.59388 of 2025(2) dt.17-09-2025 2/2 conscious possession of petitioner. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is in custody since 21.06.2025, having clean antecedent and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds 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.II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No.318 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T