Sunil Kumar @ Sunil Kumar Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83270 of 2025 Arising Out of PS. Case No.-882 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Sunil Kumar @ Sunil Kumar Vishwakarma S/O Yamuna Lal Vishwarma R/O Village and P.S- Rafiganj, Distt.- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Aurangabad Excise P.S. Case No. 882 of 2025 instituted for the offences punishable under Sections 30(a), 30(c), 30(d), 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 210 litres of spirit from truck and total 35 litres of spirit from tempo have been recovered.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.83270 of 2025(2) dt.04-12-2025 2/3 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further submitted that petitioner is the driver of the vehicle in question but he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 23.08.2025 and has no 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 Aurangabad Excise P.S. Case No. 882 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.83270 of 2025(2) dt.04-12-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T