Sonu Rai @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46685 of 2021 Arising Out of PS. Case No.-337 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Sonu Rai @ Sonu Kumar S/O Yogendra Rai R/o village- Jagan Chhapra, P.S.- Marhowrah, District- Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2022 Heard.

The petitioner seeks regular bail in connection with Marhowrah P.S. Case No. 337 of 2021, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act5, 2016.

The allegation is regarding recovery of 159.480 liters of illicit liquor from the boring room situated in the premises of the petitioner as also from the bushes situated in the field.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 13.07.2021. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the petitioner has been arrested from the spot. Per contra, Ms. Anita Kumari Singh, the learned

Patna High Court CR. MISC. No.46685 of 2021(2) dt.25-02-2022 2/2 APP 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 parties and taking into account the materials available on record as also considering the fact that the illicit liquor has not been recovered from the conscious possession of the petitioner apart from the fact that he is languishing in custody since 13.07.2021, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court of 2nd Additional Sessions Judge-cum- Special Judge, Excise Court, Saran at Chapra in connection with Marhowrah P.S. Case No. 337 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T