Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52156 of 2021 Arising Out of PS. Case No.-275 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== SONU KUMAR S/o LATE OM PRAKASH SINGH R/o MATHURAPUR COLONY, MATHURAPUR, P.S-DALMIA NAGAR, DISTRICT-ROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunal Tiwary, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sherghati P.S. Case No. 275/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation made in the First Information Report, from the pick-up van, which was being driven by the petitioner, the Police recovered a total quantity of 404.250 litres of illicit liquor as well as Beer.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has been implicated in this case on the basis of the fact that he is the

Patna High Court CR. MISC. No.52156 of 2021(2) dt.22-04-2022 2/2 driver of the vehicle. He further submits that the vehicle was being plied by the petitioner at the instance and instruction of its owner and he was not aware about the illicit liquor being kept therein. The petitioner is in custody since 18.5.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 18.5.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise Act, Gaya, in connection with Sherghati P.S. Case No. 275 of 2021. (Anil Kumar Sinha, J) S.Ali/- U T