Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54990 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- Chakia District- Begusarai ====================================================== Sujit kumar S/O Late Baijnath Rajak @ Late Baidhnath Rajak Resident Of Village- Roopnagar, P.S.- Chakiya, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Chakiya PS Case No. 40 of 2025 instituted for the offences under Section/s 30(a) & 32(2) of the Bihar Prohibition and Excise Act and Section 281 of the Bharatiya Nyaya Sanhita, 2023.
3.
The prosecution case, in short, is that 18 liters liquor was recovered from Scorpio.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.54990 of 2025(2) dt.14-08-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner is in custody since 16-06-2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakiya PS Case No. 40 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T