Patna High CourtCR. MISC./66041/2025bail granted

Sandheer 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. 66041 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- Excise P.S. District- Saran ====================================================== 1.

Sandheer Kumar, S/o Shivnandan Rai @ Shivnandan Ray, R/o VillageMajhauli, P.S.- Salimpur, District- Patna 2.

Rahul Kumar, S/o Manoj Rai R/o Village- Bidupur, P.S.- Bidupur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate Mr.Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Sadar Excise P.S. (Saran) Case No. 181 of 2025, registered for the offences under Sections 30 (a)/32(3) of Bihar Prohibition and Excise Act.

3. As per prosecution case, in the car of the petitioners, recovery of 106.920 liters of India made foreign liquor was made. The petitioners are stated to be the driver and co-driver of the vehicle.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No. 66041 of 2025(2) dt.24-09-2025 2/3 case. The petitioners have no knowledge about the illicit liquor kept in the secret chamber of the car and the said car does not belong to the petitioners and for this reason, the petitioners did not try to run away when they were signaled to stop by the police. Nothing incriminating has been recovered from the person/possession of the petitioners. The petitioners are daily wage workers and driving the car as per instruction of their employer. The petitioners are in custody since 05.08.2025 and are having clean antecedent.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioners are stated to be the driver and co-driver of the vehicle and further considering the period of custody of the petitioners and their clean antecedent, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 03, Saran/concerned court, in connection with Sadar Excise P.S. (Saran) Case No. 181/2025, subject to the conditions mentioned in Section 480 (3) of BNSS

Patna High Court CR. MISC. No. 66041 of 2025(2) dt.24-09-2025 3/3 and also the following conditions :

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

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

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

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