Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73300 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Sunil Kumar, Son of Radhakrishna Singh @ Radha Krishna Singh, R/o Village - Khanpur, P.S. - Rajpur, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Rajpur P.S. Case No. 281 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, police received secret information about three persons on two motorcycles carrying illicit liquor in bag and sack. The police reached the spot and the motorcycle riders tried to run away, but they tumbled and fell down and were apprehended by the police party. From the motorcycle of the petitioner and co-accused Bir Bahadur Kumar, total recovery of 60.12 liters of Indian made foreign liquor was made and from the motorcycle of co-accused

Patna High Court CR. MISC. No.73300 of 2025(2) dt.15-10-2025 2/3 Jitendra Kumar, recovery of total 62.2 liters of Indian made foreign liquor was made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the seized motorcycle or the liquor. The petitioner is neither the driver nor the owner of the motorcycle from which recovery has been shown. Due to criminal antecedent of the petitioner, he has been made accused as he is having antecedent of two cases of similar nature. The petitioner is in custody since 22.08.2025.

5. Learned APP for the State 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 period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Buxar/court concerned in connection with Rajpur P.S. Case No. 281 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.73300 of 2025(2) dt.15-10-2025 3/3 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) V.K.Pandey/- U T