Sonu Yadav @ Sonu Kumar Yadav @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3821 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- Roshna District- Katihar ====================================================== Sonu Yadav @ Sonu Kumar Yadav @ Sonu Kumar S/O Late Achchi Lal Yadav Resident of Mohalla- Nayatola, Bara Bazar Yadav Tola, PS- Nagar District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025 1.
Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks regular bail in connection with Roshna PS case no. 21 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3.
The prosecution story, as per the First Information Report, is that total quantity of 744 liters of Beer has been recovered from an AC Gold Magic vehicle bearing registration no. BR 11GF-1840 and the police apprehended the driver of the vehicle. The petitioner is said to be the owner of the vehicle in question.
4.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3821 of 2025(2) dt.30-01-2025 2/3 petitioner is having no criminal antecedent of similar nature of offence. He has been made accused on the basis of the fact that he happens to be the owner of the vehicle in question. Learned counsel further submits that the vehicle is a commercial vehicle, in which consignment of onion was loaded for transportation and the petitioner being the owner was not aware about the prohibited Beer/ liquor having been kept in the said vehicle by the driver. He next submits that petitioner is having no concern with the recovered beer. The petitioner is languishing in custody since 18.11.2024 and charge-sheet has been submitted on 06.01.2025.
5.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that petitioner is having no criminal antecedent of similar nature of offence, he has been made accused on the basis of being the owner of the vehicle in question, the driver was arrested along with the prohibited article on the spot, charge-sheet has already been submitted and the petitioner is languishing in custody since 18.11.2024, I am inclined to grant regular bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.3821 of 2025(2) dt.30-01-2025 3/3 sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Exclusive Excise Court No. 2, Katihar, in connection with Roshna PS case no. 21 of 2024.
(Anil Kumar Sinha, J) rinkee/- U T