Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37662 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== SANOJ KUMAR S/o Vinda Ray @ Binda Rai Resident of Village- Fular, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard Mr. Arvind Kumar Sinha, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 17 of 2021 registered for the offences punishable under Sections 30(a), 41(i), 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

The Police on the basis of secret information intercepted a Maruti Nexa car and recovered a total quantity of 70 litres spirit from the same and arrested two persons namely, Amresh Kumar and Chandan Kumar who were involved in the trade of the illicit spirit and they disclosed the name of the petitioner along with other accused persons.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37662 of 2021(2) dt.03-01-2022 2/3 petitioner has got no criminal antecedent of similar nature of offence and he has been made accused on the basis of disclosure of his name by the arrested accused persons. Learned counsel further submits that no illicit liquor has been recovered either from the conscious possession of the petitioner or the vehicle belonging to him. The co-accused Chandan Kumar who was arrested by the Police on the spot, has been granted bail by this Court on 20.12.2021 in Cr. Misc. 32579 of 2021. The petitioner is in custody since 15.3.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that no illicit spirit has been recovered either from the conscious possession of the petitioner or the vehicle belonging to him, the co-accused Chandan Kumar who was arrested on spot has been granted bail by this Court and charge sheet has already been submitted, 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 amount each to the satisfaction of learned Additional Sessions Judge-II-cumExcise Court, Vaishali at Hajipur, in connection with Vaishali

Patna High Court CR. MISC. No.37662 of 2021(2) dt.03-01-2022 3/3 P.S. Case No. 17 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