Patna High CourtCR. MISC./69332/2025allowed

Sunil Kumar v. The State Of Bihar

2025-09-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69332 of 2025 Arising Out of PS. Case No.-489 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Sunil Kumar S/O Late Mahesh Mahto R/O Jaruabagh Tola, P.S.- Nagar, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that two persons were coming on a Scooty and upon being intercepted, one of them was managed to escape while the petitioner was apprehended on the spot. On search altogether 210 liters of country made liquor was recovered from both the Scooties.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case.

Patna High Court CR. MISC. No.69332 of 2025(2) dt.25-09-2025 2/2 It is further submitted that the petitioner is neither the owner nor the driver of the alleged seized scooty and had no knowledge regarding the alleged illicit liquor. It is further submitted that from a perusal of the seizure list, it is not clear how much illicit liquor, if any, was recovered from the scooty allegedly driven by the petitioner. Moreover, the petitioner is languishing in judicial custody since 26.06. 2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pirbahore P.S. Case No. 489 of 2025 on 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 -2nd Patna.

(Ashok Kumar Pandey, J) Jagdish/- U T