Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2316 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Sanoj Kumar, S/o Ajad Chaudhary, R/v- Mohanganj, P.S.- Barun, DistrictAurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barun P.S. Case No. 470 of 2022 dated 27.10.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the alleged wine was not recovered from the conscious possession of the petitioner rather the same was recovered from the bank of 'Son' river and petitioner was apprehended on suspicion and he has fair and clean antecedent and has been languishing in jail since 28.10.2022 and against him the investigation has been completed and there is no independent witness of the alleged

Patna High Court CR. MISC. No.2316 of 2023(2) dt.26-04-2023 2/2 search and seizure as per seizure list.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Barun P.S. Case No. 470 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T