Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57627 of 2025 Arising Out of PS. Case No.-937 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Sonu Kumar, S/O Ram lal Sah, Village- Barashankar Mahmadpur, P.S.- Patahi, District- East Champaran at Motihari 2.

Pappu Kumar, S/o Jhagru Mahto, Village- Barashankar Mahmadpur, P.S.- Patahi, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Excise P.S. Case No. 937 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the motorcycle in possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. They have no concern with the alleged recovery.

Patna High Court CR. MISC. No.57627 of 2025(2) dt.03-09-2025 2/2 Petitioners are not the owner of the seized vehicle. There is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. Charge-sheet has already been submitted and there is no chance of absconding or tampering with the evidence. Petitioners have no criminal antecedent as stated in para 3 of the bail petition. Petitioners are in jail custody since 17.06.2025.

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 and the submissions of learned counsel for the parties, 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 Excise Court No. 2, East Champaran at Motihari in connection with Excise P.S. Case No. 937 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T