Patna High CourtCR. MISC./32337/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32337 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- SUGAULI RAIL PS District- East Champaran ====================================================== Sonu Kumar Son of Lalan Yadav @ Lalan Rai @ Lalan Ray Resident of Village - Mohbat Chhapra Ward No.- 11, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and Ms. Renu Kumari learned APP for the State.

2. The petitioner seeks bail in connection with Rail Sugauli P.S. Case No. 12 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that a total 43.5 liters liquor was recovered from two trolley.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is neither owner nor driver of the said trolley. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.32337 of 2024(2) dt.30-04-2024 2/2 possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 26.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rail Sugauli P.S. Case No. 12 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U