Patna High CourtCR. MISC./13770/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-02-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13770 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Sonu Kumar Son of Yadunandan Prasad R/O Village Harnarayanpur, P.S. Parnadabr, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024

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

2. The petitioner seeks bail in connection with Parnadabar P.S. Case No. 332 of 2023 instituted for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 345 litres of liquor was recovered from four motorcycles.

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 any of the

Patna High Court CR. MISC. No.13770 of 2024(2) dt.28-02-2024 2/2 four motorcycles from which the alleged recovery has been made. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 29.12.2023 and has no 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, clean antecedent 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 Parnadabar P.S. Case No. 332 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T