Patna High CourtCR. MISC./66035/2025bail granted

Sujeet Kumar v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66035 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== Sujeet Kumar, S/o Manoj Raut, R/o Village- Manik Chauk, Ward No. 13, P.S.- Ruunisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Murari, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Sursand P.S. Case No. 216 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, police received secret information about a person keeping illicit liquor in bushes along with a motorcycle. A raid was conducted and police found some jute bags containing illicit liquor and a motorcycle parked there. The petitioner started running away on seeing the police party and he was apprehended. From the spot, recovery of 450 liters of country made Nepali liquor was made.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.66035 of 2025(2) dt.24-09-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. It is apparent from the FIR that recovery has been made from an open place accessible to all. The petitioner has nothing to do with the seized motorcycle and he is neither owner nor the driver of the said motorcycle. Moreover, recovery has been made from the bush and the petitioner has no concern with the seized liquor. The petitioner is in custody since 28.05.2025 and is having clean antecedent. The charge sheet has been submitted.

5. Learned A.P.P. opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from the conscious possession of the petitioner and further considering the period of custody of the petitioner along with submission of charge sheet and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court No.2, Sitamarhi, in connection with Sursand P.S. Case No. 216 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also

Patna High Court CR. MISC. No.66035 of 2025(2) dt.24-09-2025 3/3 the following conditions :

(i) One of the bailors will be the close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T