Suman Kumar @ Suman Yadav @ Soman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82858 of 2025 Arising Out of PS. Case No.-304 Year-2021 Thana- FATUA District- Patna ====================================================== Suman Kumar @ Suman Yadav @ Soman Kumar Son of Chandev Yadav Resident of - Bhagwanpur, P.S.- Fatuha, Current P.S.- Pachrukhiya, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Adv For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fatuha P.S. Case No. 304 of 2021, instituted for the offences punishable under Sections 30(a), 56(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 50 liters of country made liquor was recovered from bank of river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. It is further submitted that local Chaukidar disclosed the name of the

Patna High Court CR. MISC. No.82858 of 2025(2) dt.03-12-2025 2/2 petitioner. The petitioner is in custody since 15.10.2025 and has got four criminal antecedents. 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 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 Fatuha P.S. Case No. 304 of 2021, 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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