Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69352 of 2025 Arising Out of PS. Case No.-185 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== Suraj Kumar S/o Anoj Prasad @ Anoj Mahto R/o Village- Ganga Bigha, P.S.- Deepnagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, 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 bail in connection with Deepnagar P.S. Case No. 185 of 2025 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the bushes, altogether 137.59 liters of country-made liquor was recovered and the police had an information that the same is kept by this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the recovery has been made from an

Patna High Court CR. MISC. No.69352 of 2025(2) dt.25-09-2025 2/2 open place, not from the possession of this petitioner. It has also been submitted that from perusal of the seizure list, it will transpire that the witnesses of the seizure are police personnel and the copy of the seizure list has also not been provided to the petitioner. He further submits that the petitioner is languishing in judicial custody since 26.07.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of District & Additional Sessions Judge-V-cum-Special Judge, Excise-I, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 185 of 2025 with a condition that the petitioner will not indulge in similar nature of offences in future. (Ashok Kumar Pandey, J) Sudhanshu/- U T