Patna High CourtCR. MISC./66203/2025bail granted

Sunil 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.66203 of 2025 Arising Out of PS. Case No.-1095 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Sunil Kumar Son of Manak Mukhiya Resident of Village- Parsa, Ward No. 3, PS- Kundwa Chainpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 1095 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, recovery of 144 litres of country made Nepali liquor was made from a bag tied with the motorcycle being driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The motorcycle in question does

Patna High Court CR. MISC. No.66203 of 2025(2) dt.24-09-2025 2/3 not belong to the petitioner. The petitioner has not involved in dealing with illicit liquor. The petitioner is having clean antecedent and he is in custody since 11.07.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named 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 Exclusive Special Excise Court No. 2, East Champaran, Motihari/concerned Court in connection with Excise P.S. Case No. 1095 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a 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

Patna High Court CR. MISC. No.66203 of 2025(2) dt.24-09-2025 3/3 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T