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2025 DAILYLAW 76512 (PAT)

Virendra Kumar @ Sonu Rock v. The State of Bihar

CR. MISC./66461/2025 · 2025-09-24

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66461 of 2025 Arising Out of PS. Case No.-1236 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Virendra Kumar @ Sonu Rock S/O Harendra Prasad Resident of Singriawan Ward No. 5, P.S- Shahjahanpur, District- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Adv. For the Opposite Party/s : Mr.Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Patna Excise P.S. Case No. 1236 of 2025, registered for the offences under Sections 30(a), 32(iii), 56(b) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, police received secret information about co-accused Bittu Sah bringing a consignment of liquor in his asbestos godown. A raid was conducted and two persons were found sitting on a tempo with plastic bundles who tried to flee away from the spot but were apprehended. One TATA Nexon on the main road was also intercepted and this petitioner was apprehended from the said vehicle. From the godown of co-accused Bittu Sah recovery of 206.640 litre of Patna High Court CR. MISC. No.66461 of 2025(2) dt.24-09-2025 2/3 India made foreign liquor was made. From the vehicle of the petitioner recovery of 15 litre of foreign liquor was made. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. From the FIR, it is apparent that the petitioner was merely a driver and the vehicle from which recovery has been shown does not belong to this petitioner. The petitioner was having no knowledge about the consignment of illicit liquor and being a driver he was doing his job. Nothing incriminating has been recovered from the conscious possession of this petitioner. The petitioner has no concern with the seized liquor. The petitioner is in custody since 03.08.2025 and he has three criminal antecedents. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Special Exclusive Excise Court No. III, Patna/concerned court, in connection with Patna High Court CR. MISC. No.66461 of 2025(2) dt.24-09-2025 3/3 Patna Excise P.S. Case No. 1236 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court. (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. anuradha/- (Arun Kumar Jha, J) U T