Sonu Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67571 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Sonu Kumar Prasad S/o- Dahari Prasad Village- Inayatpur Enaetur Tola Pilue P.S- Daudpur District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Daudpur Police Station Case No. 127 of 2025, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 27.05.2025, police received secret information that Raja Kumar was bringing illegal liquor for sale near Banwar Pul. During patrolling, they spotted a person on a motorcycle bearing Reg. No. BR04AV6718, who tried to flee away but was apprehended. The person identified himself as Raja Kumar. Upon search, total 0.72 liter of English wine and 20 liters of country made liquor
Patna High Court CR. MISC. No.67571 of 2025(2) dt.08-10-2025 2/3 was recovered.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village politics. He is not named in the FIR. Petitioner has been made accused merely on the basis of his being the registered owner of the seized motorcycle bearing Registration No. BR04AV6718, which was taken by his brother for personal use. The petitioner was not apprehended from the place of occurrence, and no incriminating material was recovered from his conscious possession and or premises belonging to him.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and he has been made accused on the basis of his being the registered owner of the seized motorcycle which was taken by his brother for some personal use, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.67571 of 2025(2) dt.08-10-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judgecum-Exclusive Special Court Excise Act-I, Saran at Chapra, in connection with Daudpur Police Station Case No. 127 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T