Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14661 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Sunil Prasad Son of Gaya Sao @ Gaya Saw Resident of village - Jakhim, P.S.- Rafiganj, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Kasma P.S. Case No. 05 of 2023 dated 06.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 125 litres of country made illicit mahua liquor and the same is stated to have been recovered from a TATA Pick-up vehicle which is registered in the name of petitioner's father, infact no recovery of wine as alleged in the FIR was made from the said vehicle and on the alleged date of occurrence, the petitioner was simply learning driving from his father's vehicle and when the vehicle was intercepted, the petitioner was found driving the

Patna High Court CR. MISC. No.14661 of 2023(2) dt.08-05-2023 2/2 said vehicle without any driving license and thereafter the police framed him in a false case and moreover, the petitioner has fair and clean antecedent and has been languishing in jail since 07.01.2023 and against him the investigation has been completed. Further submissions are that the petitioner's father, who is the registered owner of the alleged vehicle, has been granted anticipatory bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 10165 of 2023. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Kasma P.S. Case No. 05 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T