Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86533 of 2025 Arising Out of PS. Case No.-364 Year-2025 Thana- MOKAMAH District- Patna ====================================================== Sunny Kumar Son of Ranjeet Sao @ Ranjeet Kumar Resident of VillageDoctor Toli, Ward No. 7, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s:

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Mokama P.S. Case No.364 of 2025, dated 06.09.2025 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per the FIR, the allegation against the petitioner is that he and his father are engaged in the business of illegal liquor, and 19.56 litres of foreign liquor have been seized from their house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case solely on the ground that the recovery has been made from his house. However, as a matter of fact, the father of

Patna High Court CR. MISC. No.86533 of 2025(2) dt.18-12-2025 2/3 the petitioner had rented out the said house to tenants, from whose possession the alleged liquor has been seized, and the petitioner had no knowledge of any liquor business being carried on therein. Neither the petitioner nor his father was residing in the said house, and the petitioner was neither present at the place of occurrence nor did he flee from the spot upon the arrival of the police. There has been no recovery from the constructive possession of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Barh, Patna, in connection

Patna High Court CR. MISC. No.86533 of 2025(2) dt.18-12-2025 3/3 with Mokama P.S. Case No.364 of 2025 subject to the condition as laid down under Section 482(2) of the BNSS, 2023. (Ajit Kumar, J) shikha/- U T