Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75824 of 2025 Arising Out of PS. Case No.-387 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Sandip Kumar Son of Late Ram Sharan Mahto R/O- Village- Bishnupur Ward No. 42, P.S.- Town District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 387 of 2025 instituted for the offences under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 223.410 liters of illicit foreign liquor from the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. She further submits that nothing incriminating has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.75824 of 2025(2) dt.10-11-2025 2/3 petitioner rather the alleged liquor has been recovered from the shop namely Sanjana Beauty Parlor and Ladies Tailor and the same was being run by one Munni Kumari who is the friend of the sister of the petitioner. The petitioner has no concern with the alleged shop. The petitioner has also no concern with the seized liquor. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.09.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on

Patna High Court CR. MISC. No.75824 of 2025(2) dt.10-11-2025 3/3 furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 387 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T