Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69643 of 2025 Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Sachin Kumar Son of Rajendra Prasad Resident of Village - Ramgarh (Barachatti), P.S. - Mohanpur, District - Gaya (Gayaji) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Nawada Excise P.S. Case No. 560 of 2025 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about transportation of huge quantity of foreign liquor. The identified vehicle was signaled to stop but the persons sitting on the seats of driver and passenger started running away on seeing the police party. One of them, the petitioner herein, was apprehended and other persons fled away from the spot. From the vehicle left behind by the co-accused, recovery of 204 litres of beer and 3 litres of foreign liquor was

Patna High Court CR. MISC. No.69643 of 2025(2) dt.25-09-2025 2/3 made. The petitioner disclosed the name of other co-accused persons to whom the illicit liquor was to be delivered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is neither the driver nor the owner of the vehicle in question and he has just accompanied the co-accused Chhotu Kumar and he took lift in his vehicle. Petitioner has no knowledge about the illicit liquor kept in the vehicle or the illegal activities of co-accused Chhotu Kumar. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner never indulged in trade of illicit liquor. Petitioner is in custody since 12.08.2025 who is having clean antecedent.

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

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-2,

Patna High Court CR. MISC. No.69643 of 2025(2) dt.25-09-2025 3/3 Nawada/concerned court in connection with Nawada Excise P.S. Case No. 560 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other 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 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) balmukund/- U T