IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86952 of 2025 Arising Out of PS. Case No.-371 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== Anil Kumar S/o- Gopi Mukhiya Resident of village - Sursand, Ward No. 11, Police Station-Sursand, District- Sitamadhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sursand P.S. Case No. 371 of 2025, instituted for the offences punishable under Sections 317(5) and 3(5) of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 855 liters of Nepali liquor was recovered from eight motorcycles. The petitioner was arrested on the spot. 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. The petitioner is not the owner of any of the vehicles rather he was passersby of the way and has become victim of circumstances. The petitioner Patna High Court CR. MISC. No.86952 of 2025(2) dt.16-12-2025 2/2 is in custody since 11.10.2025 and has got no criminal antecedent. 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, after framing of charge, if not already framed, 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 Sursand P.S. Case No. 371 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. manish/- (Rudra Prakash Mishra, J) U