Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13963 of 2025 Arising Out of PS. Case No.-479 Year-2022 Thana- Excise P.S. District- Madhepura ====================================================== Sintu Kumar, aged about 28 years, Gender-Male, Son of Arjun Yadav @ Arjun Prasad Yadav, Resident of village - Turkahi, Ward No.- 5, P.S. and District- Madhepura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Madhepura Excise P.S. Case No. 479 of 2022 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. As the prosecution case, total 12 liters country made chulai liquor has been recovered from a motorcycle. 4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. He submits that petitioner is not named in the FIR rather his name has been surfaced in this case because he is the
Patna High Court CR. MISC. No.13963 of 2025(2) dt.28-03-2025 2/3 registered owner of the said motorcycle. He further submits that there is no any illicit liquor recovered from the conscious possession of the petitioner nor from his house. Petitioner has got clean antecedent as stated in para 3 of the petition. 5. Learned APP for the State has opposes the prayer for bail. 6. From perusal of the FIR and also perused the impugned order dated 10.01.2025 passed by the learned Additional Sessions Judge-VII-cum Special Judge Excise -II, Madhepura, it appears that petitioner is not named in the FIR. Petitioner is the owner of the seized motorcycle from which liquor has been recovered. It also appears that on seeing the police party petitioner fled away after leaving his Honda motorcycle bearing Registration No. BR43V8246. On bearing searched the police recovered 12 liters of illegal country-made chualli (liquor).
Petitioner is the registered owner of the said motorcycle as stated in para 6 of the petition and there is no any proper explanation of the said liquor in this regard, so considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties as well as involvement of the petitioner in the alleged commission of offence, I am not inclined to grant bail to the petitioner. Patna High Court CR. MISC. No.13963 of 2025(2) dt.28-03-2025 3/3
7. Accordingly, the application stands dismissed. Anand Kr. (Ramesh Chand Malviya, J) U T