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Patna High CourtCR. MISC./58271/2025allowed

Sonu Kumar @ Krishna Kumar v. The State Of Bihar

2025-09-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58271 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Garahara District- Begusarai ====================================================== Sonu Kumar @ Krishna Kumar S/O Kamlapati Singh R/o vill - Simaria Milki tola, P.s.- Chakia, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Garhara P.S. Case No. 41 of 2025 for the offences registered under Sections 30(a), 32(ii) of the Bihar Prohibition & Excise Act.

3. There is recovery of 60 litre country made liquor from a motorcycle. It is alleged that petitioner along with another co-accused fled away leaving the motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion and disclosure made by the local Chaukidar. Petitioner was not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither owner of the motorcycle nor the seized liquor

Patna High Court CR. MISC. No.58271 of 2025(2) dt.10-09-2025 2/2 belong to him. Petitioner has four criminal antecedents out of which two cases belong to Excise Act. He is in judicial custody since 15.07.2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties and facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Garhara P.S. Case No. 41 of 2025, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.

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