Sunil Kumar @ Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76670 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- GAIGHAT District- Muzaffarpur ====================================================== Sunil Kumar @ Sunil Kumar Singh Son of Laxman Singh Resident of VillJarangdih, P.S.- Gayghat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gayghat P.S. Case No. 197 of 2024 dated 05.08.2024 for the offences punishable u/s 317(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 552.75 litres of illicit liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the house of the petitioner which was taken on rent by the co-

Patna High Court CR. MISC. No.76670 of 2024(2) dt.07-02-2025 2/2 accused, Mukesh Sahani. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Gautam/- U T