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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53858 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- SONEPUR District- Saran ====================================================== Pintu Kumar S/O Rajeshwar Ray R/O Village- Sabalpur Newal Tola, P.S- Sonepur, Distt.- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 01-08-2025
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 114 of2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 153 litres of illicit country made liquor was recovered from Gumti of co- accused Sudhir Kumar.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. It is submitted that the recovery is made from the gumti which belongs to co-accused Sudhir Kumar not from the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends
Patna High Court CR. MISC. No.53858 of 2025(2) dt.01-08-2025 2/2 that prima-facie no case is made out against the petitioner. The petitioner has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Similarly situated other co- accused has been granted anticipatory bail by this Court vide
order dated 01.05.2025 passed in Cr. Misc. No. 27520 of 2025.
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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Sonepur P.S. Case No. 114 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
Raj Ranjan/- (Rudra Prakash Mishra, J) U T