Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16606 of 2019 Arising Out of PS. Case No.-473 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SONU KUMAR Son of Surendra Mahto, Resident of Village-Gumo Barwadih, P.S.-Jhumari Tilaiya, District-Kodarma, (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise Case No. 473 of 2018 P.S. Case No. 165 of 2018 for the offences punishable under Sections 30(a) and 56(d) of the Bihar Prohibition and Excise Act, Amendment, 2016.

The allegation is regarding recovery of 500 liters of country made liquor from Tata Sumo Gold vehicle, which was being driven by the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 27.12.2018. Lastly, it is

Patna High Court CR. MISC. No.16606 of 2019(2) dt.29-03-2019 2/2 submitted that in paragraph-7 of the present petition, it has been categorically stated that the petitioner is not the owner of the said vehicle and he is merely a driver, hence, the petitioner was not knowing as to what had been loaded in the said vehicle by the owner of the said vehicle.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Excise P.S. Case No. 473 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T