Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1198 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Sachin Kumar S/O Parshuram Rawat @ Pashuram Mushahar R/o Village - Baliwan Raymal, P.S- Vishambharpur, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 150 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The prosecution case, in short, is that total 186.8 litres of illicit liquor was recovered from four motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.1198 of 2025(2) dt.10-01-2025 2/3 petitioner. He further submits that neither the motorcycles, in question, belong to the petitioner nor has any concern with the alleged recovered liquor. The petitioner has also no nexus with the co-accused persons. The motorcycles, in question, belong to co-accused Parmeshwar Kumar and Sanjay Yadav. The petitioner is in custody since 18.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned counsel for the petitioner again submits that the co-accused namely Parmeshwar Yadav @ Parmeshwar Kumar has been granted bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 85786 of 2024.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the petitioner having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on

Patna High Court CR. MISC. No.1198 of 2025(2) dt.10-01-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur P.S. Case No. 150 of 2024.

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