Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35127 of 2021 Arising Out of PS. Case No.-227 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SONU KUMAR Son of Shankar Mahto Resident of Village-Juran Chhapra, P.S.-Brahmpura, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Muzaffarpur Town P.S. Case No. 227 of 2021 registered for the offence punishable under Sections 30(a)/34 of the Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, 20 litres of illicit liquor was recovered from the Scooty which was being driven by the petitioner and 8.25 litres of country made liquor was recovered from one Raju Sahni who was

Patna High Court CR. MISC. No.35127 of 2021(2) dt.04-01-2022 2/3 pillion rider of the said Scooty.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. Learned counsel further submits that at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed by the Police. He next submits that co-accused Raju Sahni who was sitting on the Scooty, has been granted bail by a coordinate Bench of this Court in Cr. Misc. 37864 of 2021. The petitioner is in custody since 20.3.2021. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 20.3.2021, charge sheet has already been submitted and the co-accused Raju Sahni has been granted bail by a coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.35127 of 2021(2) dt.04-01-2022 3/3 amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 227 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T