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2025 DAILYLAW 40076 (PAT)

Sonu Kumar v. The State of Bihar

CR. MISC./31366/2025 · 2025-05-12

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31366 of 2025 Arising Out of PS. Case No.-121 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Sonu Kumar Son of Subhash Singh Village- Babhantoly, Ps- Rajauli, Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hansraj, Advocate For the Opposite Party/s : Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Rajauli P.S. case No. 121 of 2025 instituted for the offences under Section 317(5), 111 of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 153.875 liters liquor was recovered our of which 10.25 liters liquor was recovered from cow shed and 143.625 liters liquor was recovered from car. The petitioner was arrested on 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 Patna High Court CR. MISC. No.31366 of 2025(2) dt.12-05-2025 2/3 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the place from where recovery is made is joint family property of the petitioner and the same is also an open place accessible to one and all. The petitioner is in custody since 14.03.2025 and has got two criminal antecedents in which the petitioner is on bail. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. 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 on 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 Rajauli P.S. case No. 121 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 Patna High Court CR. MISC. No.31366 of 2025(2) dt.12-05-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Pankaj/- (Rudra Prakash Mishra, J) U T