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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58443 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- CHIHARA District- Jamui ====================================================== Sonu Kumar @ Sonu Kumar Yadav S/o Sukhdev Yadav, R/o VillageMahisoni, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh, Advocate.

For the Opposite Party/s :

Ms. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chihra P.S. Case No.23 of 2025 instituted under Sections 30(a), 32 of Bihar Prohibition and Excise Act and Section 318(4), 338, 336(3), 340(2), 317(5) of B.N.S.S., 2023.

3. As per the prosecution case, there is recovery of 21 litre illicit foreign liquor from the sack tied with the motorcycle bearing Registration No. JH-11K-3624 and the co-accused has been apprehended on the spot who disclosed that the said illicit liquor was to be delivered to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure made by the apprehended co-accused. He further submits that the petitioner is neither owner nor driver of the seized motorcycle and he has no

Patna High Court CR. MISC. No.58443 of 2025(2) dt.22-09-2025 2/2 concerned with the alleged seized liquor. Learned counsel submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. He further submits that there is no independent witness to the seizure list. Learned counsel submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No.1, Jamui/ concerned Court in connection with Chihra P.S. Case No.23 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T