Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5942 of 2023 Arising Out of PS. Case No.-175 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== Sonu Kumar Son Of Bhule Ram @ Bhure Ram @ Bhullu R/V- Gejha Tilpatabad noida, P.s- Fez 2 Dist- Gautam Budhnagar, State- Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anu Priyadarshni For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Khanpur P.S. Case no. 175 of 2021 instituted for the offence under Sections 47, 30(a), 36, 41(i) (ii) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1860.12 liters foreign liquor from the truck bearing Reg. No. U16GT-5129. Thereafter this case has been lodged. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR

Patna High Court CR. MISC. No.5942 of 2023(2) dt.10-04-2023 2/3 rather he has falsely been implicated in this present case merely on the basis of suspicion. Petitioner is apprehended on the spot. He has no concern with the alleged recovery or with the place of occurrence. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 14.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 30,000/- (Thirty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khanpur P.S. Case No. 175 of 2021 on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-I, Samastipur.

Patna High Court CR. MISC. No.5942 of 2023(2) dt.10-04-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T