Patna High CourtCR. MISC./32461/2024bail granted

Sonu Kumar Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32461 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Sonu Kumar Singh SON OF OMPRAKASH SINGH RESIDENT OF VILLAGE- MUKHRAO, PS- KUCHILA, DIST- KAIMUR 2.

Priyanshu Kumar Pandey SON OF RAMJI PANDEY RESIDENT OF VILLAGE- SADULLAHPUR, PS- RAMGARH, DIST- KAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubham Sourav, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 64 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 336.960 liters of foreign liquor was recovered from a Bolero vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners are neither owner nor driver of the said Bolero vehicle. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.32461 of 2024(2) dt.30-04-2024 2/2 conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 16.03.2024 and have 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 petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 64 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U