Sujit Kumar Prasad @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40247 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- KHIRHAR District- Madhubani ====================================================== SUJIT KUMAR PRASAD @ SONU Son of Kishori Prasad Sah Resident of Ward No. 13, Kathalwari, P.S.- L.N.M.U., District- Darbhanga, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhupendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2021 Heard Mr. Bhupendra Narayan Singh, learned Counsel for the petitioner and Mr. Bharat Bhushan, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Khirhar Police Station Case No. 72 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition Excise Act, 2016. The allegation, as per the First Information Report is that the vehicle belonging to the petitioner was intercepted by the police and a total quantity of 900 litres of Nepali Saufi wine was recovered from the said vehicle.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on the basis of the fact that he happens to be the owner of the vehicle. Learned counsel next submits that the vehicle in question is commercial

Patna High Court CR. MISC. No.40247 of 2020(2) dt.24-02-2021 2/2 vehicle and the same was being plied by its driver on hire basis and it appears that on the date of occurrence, the driver loaded illicit liquor, for which the petitioner had not given any permission to the driver. Learned counsel next submits that the petitioner has got no criminal antecedent and he is in custody since 01.08.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 01.08.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Sujit Kumar Prasad @ Sonu, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Khirhar Police Station Case No. 72 of 2020.

(Anil Kumar Sinha, J) sanjeev/- U T