Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22169 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Sonu Kumar Son Of Shravan Paswan Resident Of Village - Geruari (SAHPUR), P.S. - Bakhtiyarpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

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

2. Petitioner seeks regular bail in connection with Harnaut P.S. Case No. 84 of 2023 dated 06.02.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of total 687.240 litres of country made foreign liquor and the same is stated to have been recovered from a Pick Up Van and the petitioner and co-accused namely, Anil Kumar are stated to have been arrested from the said vehicle but in fact, the petitioner had taken lift in the said vehicle and

Patna High Court CR. MISC. No.22169 of 2023(2) dt.11-05-2023 2/3 he was bonafidely travelling as a passenger in the said vehicle at the time of recovery of the alleged liquor and he had no knowledge of the loaded liquor in the alleged vehicle and the co-accused Anil Kumar, who was driver in the said vehicle, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 20294/2023 as per the present status of his case showing on website and the petitioner's case stands on better footing from him as firstly, he has fair and clean antecedent and secondly, he was bonafidely travelling as a passenger in the alleged vehicle and moreover, he has been languishing in jail since 07.02.2023 and the alleged liquor was not recovered from his conscious possession and against him, the investigation has been completed.

4. Learned APP appearing 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 his custody period and completion of the 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

Patna High Court CR. MISC. No.22169 of 2023(2) dt.11-05-2023 3/3 sureties of the like amount each to the satisfaction of the Court concerned in connection with Harnaut P.S. Case No. 84 of 2023.

(Shailendra Singh, J) annu/- U T