Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41192 of 2024 Arising Out of PS. Case No.-597 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Sonu Kumar Son of Anjani Kumar Resident of Village - Rasulpur Wajid, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 597 of 2024 registered for the offences under Sections 30 (a) and 32 (3) of the Bihar Prohibition and Excise Act.

3. The petitioner is named in the F.I.R. and is in custody since 30.03.2024.

4. The allegation against the petitioner is to be engage in unloading of illicit liquor, where, there is recovery of 941.40 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.41192 of 2024(2) dt.13-06-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner is an innocent person falsely implicated with the present case as he was engaged as labour for unloading consignment. It is further submitted that nothing recovered/surfaced during the course of investigation, which may suggest that petitioner was under knowledge that the unloading material is illicit liquor, who is a man of clean antecedent. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation against petitioner is limited to unload the consignment of illicit liquor only, who is a man of clean antecedent, coupled with the fact as petitioner is in

Patna High Court CR. MISC. No.41192 of 2024(2) dt.13-06-2024 3/3 custody since 30.03.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Excise P.S. Case No. 597 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Court No. II, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T