Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3240 of 2023 Arising Out of PS. Case No.-1267 Year-2022 Thana- DANAPUR District- Patna ====================================================== SONU KUMAR S/O VISHWANATH SINGH YADAV @ VISHWANATH SINGH @ VISHWAJIT SINGH Resident of Village- Anand Bazar (Gandhi Murti), P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a), 32(ii) (iii) and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act.

As per allegation, there has been recovery of 439.50 litres of foreign made liquor from the two vehicles. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that nothing was recovered from the conscious possession of the petitioner. He further submitted that the petitioner is neither the owner nor

Patna High Court CR. MISC. No.3240 of 2023(2) dt.03-04-2023 2/2 the driver of the seized vehicle. Only on the basis of suspicion the name of the petitioner has come into light. He further submitted that other co-accused has already been granted bail by a co-ordinate Bench vide order dated 04.03.2023 passed in Cr. Misc. No. 2422 of 2023. The petitioner is languishing in judicial custody since 14.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Danapur P.S. Case No. 1267 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna.

(Sunil Kumar Panwar, J) Arish/- U T