Sushil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80917 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- KATHAIYA District- Muzaffarpur ====================================================== Sushil Kumar Son of Lalbabu Sah Resident of Village - Bangari, P.S. - Panapur Kariyat, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kathaiya P.S. Case No. 189 of 2025 instituted for the offences punishable under Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that total 2359.440 litres of liquor was recovered from three vehicles.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.80917 of 2025(2) dt.27-11-2025 2/2 that petitioner is not the owner of the vehicles in question. It is further submitted that petitioner is the driver of the pickup bearing registration number BR-06-S-0560 but he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 12.10.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on 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 Kathaiya P.S. Case No. 189 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T