IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73739 of 2025 Arising Out of PS. Case No.-443 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Bablu Kumar S/O Dasarath Sahani R/O Village- Mehwa, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar, Adv For the State : Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Sugauli P.S. Case No. 443 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, police received secret information about three persons on two motorcycles carrying illicit liquor. The motorcycles were intercepted and petitioner, who was on one of the motorcycles, was apprehended after the motorcycle fell down. The co-accused, who was also on the same motorcycle, fled away. Another co-accused on other motorcycle also fled away from the spot. From search of the Patna High Court CR. MISC. No.73739 of 2025(2) dt.16-10-2025 2/3 motorcycle of the petitioner, recovery of 165 litres of country made chulai liquor and from the second motorcycle, recovery of 150 litres of country made chulai liquor was made. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The alleged recovery was made from the bikes but he is not the owner of the any of the bikes seized by the police. The petitioner was merely a passerby and has been apprehended merely on suspicion. The police did not follow the provisions of Sections 103/103(4) of BNSS and there is no independent witness to the alleged occurrence. The petitioner is having clean antecedent and he is in custody since 19.08.2025. 5. Learned APP opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.73739 of 2025(2) dt.16-10-2025 3/3 Exclusive Special Excise Court-I, Motihari, East Champaran/concerned Court in connection with Sugauli P.S. Case No. 443 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. DKS/- (Arun Kumar Jha, J) U T