Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66440 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Sahil Kumar Son of Ram Babu Prasad Resident of Pakki Thakurbari, P.S.- Rivilganj, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj 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.

02. In the present case, the petitioner seeks bail in connection with Sadar Excise P.S. Case No. 178 of 2025 registered for the alleged offences Section 30(a), 32(3) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, recovery of 15.045 liters of foreign liquor was made from the dickey and below the seat of the motorcycle being driven by the petitioner.

04. 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 conscious possession of the petitioner. The motorcycle used in the case does not belong to this petitioner and the owner of the

Patna High Court CR. MISC. No.66440 of 2025(2) dt.24-09-2025 2/3 motorcycle is one Shashi Kant Singh. The petitioner was not aware about articles kept in the dickey or below the seat of the motorcycle and he took the motorcycle in good faith from his friend. The petitioner is having clean antecedent and is in custody since 01.08.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. 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. 3, Saran at Chapra/court concerned in connection with Sadar Excise P.S. Case No. 178 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and 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

Patna High Court CR. MISC. No.66440 of 2025(2) dt.24-09-2025 3/3 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) Ashish/- U T