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Patna High CourtCR. MISC./59228/2025allowed

Sonu Kumar @ Pocha v. The State Of Bihar

2025-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59228 of 2025 Arising Out of PS. Case No.-467 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Sonu Kumar @ Pocha S/O Late Rambachan Prasad Resident of Village - Phulwaria, P.S. - Hisua, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a) and 47 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 93.375 litres of illicit liquor was recovered from Dezire car bearing Reg. No. JH05AU-6408 in which petitioner was sitting.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. Further submission is that on the alleged date of occurrence, petitioner had taken lift from coaccused Sudhir Kumar and he had no knowledge about the illicit liquor which was kept in the vehicle. Petitioner is neither the

Patna High Court CR. MISC. No.59228 of 2025(2) dt.11-09-2025 2/2 owner nor the driver of the seized vehicle. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent in which he is on bail. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 09.07.2025 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 and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise-II, Nawada in connection with Excise Nawada P.S. Case No. 467 of 2025.

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