Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4443 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Sonu Kumar S/O Gulchand Sah @ Gulachan Sah R/O Village- Rampura, P.SKalyanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 318 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The prosecution case, in short, is that while the Informant along with other companions was on patrolling duty, he saw a car followed by three motorcycles and a scooty. On seeing the police force, they, after leaving their vehicles, tried to flee away. On chase, one of them was apprehended by the the police who disclosed his name as Sonu Kumar (the petitioner). He also disclosed that he was the driver of the car. On search, the police recovered 98.25 liters foreign liquor from the car. The police also recovered 36 liter foreign liquor from the motorcycles and the

Patna High Court CR. MISC. No.4443 of 2024(2) dt.02-02-2024 2/2 scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious and physical possession of the petitioner and just general and omnibus allegation has been made against the petitioner. The petitioner is neither seller nor buyer of the liquor and has no concern with the seized article. He further submits that the petitioner had no knowledge about the recovered foreign liquor which were kept in the dicky of the car. The petitioner is languishing in judicial custody since 31.10.2023. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on 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 Kalyanpur P.S. case No. 318 of 2023. (Rudra Prakash Mishra, J) rishi/- U T