Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43881 of 2021 Arising Out of PS. Case No.-169 Year-2021 Thana- MASAUDHI District- Patna ====================================================== SONU KUMAR Son of Shri Dilip Chaudhary Resident of Village - Sangatpar, P.S. Masaurhi, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard learned counsel for the parties through virtual proceeding.

Petitioner seeks regular bail in connection with Masaurhi P.S. Case No. 169 of 2021 / Special Case No. 2557 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the First Information Report Police intercepted a Pick Up Van which was being driven by the petitioner and recovered 252 liters of Beer from the vehicle and arrested the petitioner and one another person.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because the vehicle in question was being driven by him. He further submits that petitioner plies the vehicle on hire basis on the instruction of its owner and he was not aware about illicit liquor being kept therein. He next submits that the co-accused who was arrested along with the petitioner namely Shankar Saw has been granted bail by a Co-

Patna High Court CR. MISC. No.43881 of 2021(2) dt.04-02-2022 2/2 ordinate Bench of this Court in Cr. Misc. No. 39303 / 2021 , petitioner is in custody since 30 - 03 - 2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, similarly situated co-accused has been granted bail by this court , the petitioner is in custody since 30 / 3 / 2021, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise at Patna in connection with Masaurhi P.S. Case No. 169 of 2021 / Special Case No. 2557 of 2021.

(Anil Kumar Sinha, J) praful/- U T