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Patna High CourtCR. MISC./56677/2025allowed

Sunil Kumar v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56677 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Sunil Kumar S/o Lalu Mukhiya @ Late Lalu Mukhiya R/o Village- Pujaha, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 7.2 litres of country made liquor and 5.4 litres Indian made foreign liquor from yellow bag kept on motorcycle. The apprehended accused disclosed the name of petitioner, who is alleged to have fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure statement of apprehended accused. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized illicit liquor or motorcycle. The petitioner has no criminal

Patna High Court CR. MISC. No.56677 of 2025(2) dt.08-09-2025 2/2 antecedent and he undertakes to cooperate in the investigation and the trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court II, Bettiah, West Champaran in connection with Srinagar P.S. Case No.82 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T