Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58412 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- EKMA District- Saran ====================================================== Sonu Kumar Son of Harendra Ray, Resident of Village- Tilakar, P.S.- Ekma, Dist- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, 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 Ekma P.S. Case No.225 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 5.250 litre illicit foreign liquor from the possession of coaccused Rahul Kumar who disclosed the name of petitioner that he is also involved in the business of illicit liquor.

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 was not present on the spot and no incriminating article has been

Patna High Court CR. MISC. No.58412 of 2025(2) dt.22-09-2025 2/2 recovered from his conscious possession. Learned counsel submits that petitioner has no concern either with the alleged seized liquor or with the apprehended co-accused. He further submits that petitioner has one criminal antecedent which is not under Excise Act and he is on bail in the said case. Petitioner 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 1st Exclusive Special Excise Court, Saran at Chapra in connection with Ekma P.S. Case No.225 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