Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79581 of 2025 Arising Out of PS. Case No.-406 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Sonu Kumar S/o Yogendra Singh Yadav R/O Vill. Birpura, P.S. - Agiyav, District- Bhojpur.

2.

Santosh Seth S/o Ram Avatar Seth R/o Vill.- Mujrath, P.S.- Nokha, District,- Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Kuchaikote P.S. Case No. 406 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 931.2 liters liquor was recovered from truck and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned

Patna High Court CR. MISC. No.79581 of 2025(2) dt.25-11-2025 2/2 counsel for the petitioners also submits that the petitioners are not the owner of the vehicle in question rather they are driver and co-driver of that vehicle and both of them have got no knowledge with regard to the nature of goods loaded in that vehicle. The petitioners are in custody since 10.09.2025. Petitioner no. 1 has got one criminal antecedent in which he is on bail and petitioner no. 2 has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kuchaikote P.S. Case No. 406 of 2025.

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