Patna High CourtCR. MISC./48414/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-07-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48414 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Sonu Kumar S/O Ram Prasad R/O Village- Harischanda, Panchol, P.SBishanpur, Distt.- Darbhanga (BIHAR). 2.

Dinesh Kumar S/O Batohi Ram @ Batohi Ram @ Brohi Ram R/O VillageHarischanda, Panchol, P.S- Bishanpur, Distt.- Darbhanga (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Darbhanga Sadar (Bhalpatti O.P.) P.S. Case No. 145 of 2024 dated 15.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 138 litres of illicit foreign liquor was recovered from the car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the

Patna High Court CR. MISC. No.48414 of 2024(2) dt.09-07-2024 2/2 said vehicle. It is further submitted that the petitioner no. 1 is driver of the said vehicle at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 15.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners 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, Darbhanga, in connection with Darbhanga Sadar (Bhalpatti O.P.) P.S. Case No. 145 of 2024.

7. The application stands allowed.

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