Patna High CourtCR. MISC./48155/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48155 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== SONU KUMAR SON OF BANGALI SAW VILL FULWARI ADARSH NAGAR COLONY ROAD NO 02 FULWARI STATION POLICE STATION FULWARI SARIF DIST PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mani Shankar Prasad Sinha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Madanpur P.S. Case No. 552 of 2022 dated 4.11.2022 corresponding to G.R. Case No. 1411 of 2022 registered for the offence punishable u/ss 279, 337, 338 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 157.275 litres of illicit foreign liquor is alleged to have recovered from a i-10 car bearing Reg. No. BR-01AV-3724 which was being driven by the petitioner.

Patna High Court CR. MISC. No.48155 of 2023(2) dt.08-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 5.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Madanpur P.S. Case No. 552 of 2022, corresponding to G.R. Case No. 1411 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T