Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85917 of 2025 Arising Out of PS. Case No.-375 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== Sonu Kumar Son of Chandeshwar Rai Resident Of Village - Lahaurichak, Mahnar, Dist - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mahnar Police Station Case No. 375 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 30.09.2015, at about 11:50 p:m, police received secret information that co-accused persons, namely, Krishna Kumar and Avinash Kumar are standing near village Mahnar Teenmuhani road with black colour passion pro motorcycle and they are selling liquor. Upon such information, police proceeded towards the place of occurrence and found that some persons tried to flee, but two persons, namely, Krishana

Patna High Court CR. MISC. No.85917 of 2025(2) dt.18-12-2025 2/3 Kumar and Avinash Kumar were apprehended. On search 2.88 litres of foreign liquor was recovered which was in a plastic bag hanging on the said motorcycle. Arrested co -accused persons disclosed that they have brought liquor from the petitioner.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come on the basis of discloser made by arrested co-accused persons, namely, Krishna Kumar and Avinash Kumar. Liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner. Petitioner is having no criminal antecedent.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and the liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.85917 of 2025(2) dt.18-12-2025 3/3 satisfaction of learned Exclusive Special Excise Court No. II cum District and Additional Sessions Judge, Vaishali at Hajipur, in connection with Mahnar Police Station Case No. 375 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

(Anil Kumar Sinha, J) Siwani/- U T