Sonu Kumar @ Abhishek Singh @ Sanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48280 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Sonu Kumar @ Abhishek Singh @ Sanu Kumar S/O Prakash Singh R/O Village- Gadhi Chock Sahan Road, P.S- Kodarma, Distt.- Kodarma(Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State
2. The petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 110 of 2023 registered for the offence under Sections 188 and 420 of the Indian Penal Code and Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition of Excise Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2023.
Patna High Court CR. MISC. No.48280 of 2023(2) dt.09-08-2023 2/3
4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 154.87 litres of IMFL/country made liquor.
5. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the bolero vehicle, which was jointly occupied by 6-7 co-passengers, petitioner took a lift for short distance, where nothing appears during the course of investigation, which may suggest petitioner was under knowledge of consignment of illicit liquor. It is submitted that petitioner is neither the owner nor connected in any manner with the alleged vehicle and as such it can be safely said that recovery of illicit liquor was not made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
6. Learned APP appearing on behalf of State, opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above and by taking note of the fact as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of the petitioner, where petitioner is in custody since 16.06.2023, accordingly, above named petitioner is directed to be released on bail in connection with Sheikhopur Sarai P.S.
Patna High Court CR. MISC. No.48280 of 2023(2) dt.09-08-2023 3/3 Case No. 110 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-2ndcum Sheikhpura/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