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Patna High CourtCR. MISC./39942/2021bail granted

Sonu Kumar @ Sonu Ram v. The State Of Bihar

2021-12-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39942 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== SONU KUMAR @ SONU RAM Son of Nakul Ram Resident of Village - Mansarpur, P.S.- Zero-mile Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Ms .Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard.

The petitioner seeks regular bail in connection with Jagdishpur (Goradih) P.S. Case No. 187 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 105.25 liters of illicit liquor from a Hyundai car.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, and is languishing in custody since 11.06.2021. The learned counsel for the petitioner, by referring to paragraph no. 9 of the present petition, has submitted that the car in question does not belong to the petitioner.

Per contra, the learned APP appearing for the State

Patna High Court CR. MISC. No.39942 of 2021(2) dt.14-12-2021 2/2 has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the car from which the illicit liquor has been seized and he is languishing in custody since 11.06.2021, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise Act, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 187 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T