Sanoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9796 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Sanoj Kumar Son of Ramprit Manjhi Resident of village- Vishunpur Ghadh, P.S.-Katahara O.P. (Goraul), Distt.-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baligaon P.S. Case No. 173 of 2023, instituted for the offences punishable under Sections 272, 273/34 of the I.P.C. and 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1102.68 litres of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.
Patna High Court CR. MISC. No.9796 of 2024(2) dt.20-02-2024 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 11.12.2023 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Baligaon P.S. Case No. 173 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T