Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42997 of 2021 Arising Out of PS. Case No.-193 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SONU KUMAR S/O GAYA PRASAD GUPTA R/O VILLAGE-BHATI MOHALLA, DALTENGANJ, WARD NO.12, P.S.- DALTONGANJ, DISTRICT-PALAMU (JHARKHAND).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarva Deo Singh, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurangabad Town Thana P.S. Case No. 193 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 1040 litres of illicit liquor from a pick up vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 17.05.2021. The learned counsel for the petitioner has further submitted that the petitioner is merely the driver of the vehicle in question and he is neither the owner nor

Patna High Court CR. MISC. No.42997 of 2021(2) dt.07-01-2022 2/2 he has got anything to do with the illicit liquor. Per contra, the learned A.P.P. 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 merely the driver of the vehicle in question and he was not having any knowledge about the contents of the consignment which had been loaded on the said vehicle apart from the fact that he is having a clean antecedent, 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 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 and Session Judge-II-cumSpecial Court, Aurangabad (Bihar) in connection with Aurangabad Town Thana P.S. Case No. 193 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T