Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72257 of 2025 Arising Out of PS. Case No.-400 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== Suraj Kumar S/O Surendra Ram @ Surendra Dhandhi R/O Vill. Surdaspur, P.S. and Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) (c) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that altogether 28 liters of country country made liquor was recovered from an open place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner rather the same has been recovered from an open place. It is further contended that from perusal of the seiqure list

Patna High Court CR. MISC. No.72257 of 2025(2) dt.13-10-2025 2/2 witnesses, it would transpire that all the seizure list witnesses are police personnel. Moreover, the petitioner is languishing in judicial custody since 17.03.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has three criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 400 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura, subject to the condition that the petitioner shall not indulge himself in similar nature of offence in future.

(Ashok Kumar Pandey, J) Jagdish/- U T