Patna High CourtCR. MISC./37991/2024bail granted

Sonu Kumar @ Atul Kumar Bhagat v. The State Of Bihar

2024-05-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37991 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Sonu Kumar @ Atul Kumar Bhagat S/o Arun Prasad Bhagat @ Arun Bhagat R/o vill - Gulzarbagh, P.S. - Godda, Distt. - Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-05-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sanhaula P.S. Case No. 46 of 2024 instituted for the offences punishable under Sections 414 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 66.450 litres of illicit foreign liquor was recovered from tempo vehicle . Petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.37991 of 2024(2) dt.22-05-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further submitted that petitioner is only the driver of the vehicle in question and he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 31.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP 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, petitioner having clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sanhaula P.S. Case No. 46 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T