Sonu Kumar Singh @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25565 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- ARARIA District- Araria ====================================================== 1.

SONU KUMAR SINGH @ SONU KUMAR S/O BAMDEO CHAUHAN Resident of Village- Mil Chowk, Gunvanti, P.S.- Bausi, District- Araria. 2.

VIVEK KUMAR S/O BIRENDRA SINGH Resident of Village- Basaiti, P.S.- Bausi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

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

2.

Petitioners seek regular bail in connection with Araria P.S. Case No.189 of 2023 dated 27.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 85.395 litres of foreign liquor and the same is stated to have been recovered from a car and as per allegation both the petitioners were arrested from the said vehicle with the alleged wine but in actual they have been

Patna High Court CR. MISC. No.25565 of 2023(2) dt.15-05-2023 2/2 falsely roped in this case, the signature of the petitioners were not taken on the seizure list which falsifies the allegation levelled against the petitioners and both the petitioners are students and preparing for competitive examinations and against petitioner No.1 there is criminal antecedent of one case in which he is on bail and petitioner No.2 has fair and clean antecedent and against the petitioners the investigation has been completed and the petitioners have no concern with the alleged vehicle from which the alleged wine was recovered and they have been languishing in jail since 28.02.2023.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioners' young age as disclosed in the petition and the completion of investigation against them, in my opinion it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail in connection with Araria P.S. Case No.189 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T