Sunil Kumar @ Sunil Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42633 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SUNIL KUMAR @ SUNIL KUMAR GOSWAMI Son of Shiv Charan Nath Goswami Resident of Village - Bahjoee, P.S.- Bahjoee, Distt.- Sambhal (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kuchaikote P.S. Case No.75 of 2021 for the offence registered under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code.

The allegation is regarding recovery of 428.670 litres of illicit liquor from a vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 26.02.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the petitioner is neither the driver, nor the khalasi nor the owner of

Patna High Court CR. MISC. No.42633 of 2021(2) dt.15-12-2021 2/2 the vehicle in question.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is neither the driver nor the owner, nor the khalasi of the vehicle in question, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj in connection with Kuchaikote P.S. Case No. 75 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T