Bhagwanbabu Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24378 of 2020 Arising Out of PS. Case No.-1015 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== BHAGWANBABU SONKAR Son of Shola Sonkar Resident of Mohalla - Takiya Ward no. 1, P.S.- Sasaram Nagar, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard Mr. Babu Nandan Prasad, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Sasaram Nagar PS Case No. 1015/2018 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation as per First Information Report is that the police intercepted a Tata Indigo Car and recovered total quantity of 132.45 litres of illicit liquor from the same. It is further alleged that the name of the petitioner has transpired on the basis of sale deed of the car in question which shows the petitioner to be owner of the said car.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and

Patna High Court CR. MISC. No.24378 of 2020(3) dt.12-11-2020 2/2 he has been remanded in this case on the basis of the fact that petitioner had purchased the car in question by way of sale deed. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and the petitioner was not travelling in the car from where recovery of illicit liquor has been made.

5. Learned counsel for the petitioner also submits that petitioner is in custody since 07.12.2019.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 07.12.2019, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, BHAGWANBABU SONKAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Rohtas at Sasaram in connection with Sasaram Nagar PS Case No. 1015/2018.

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T