Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57527 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== SONU KUMAR Son of Manoj Kumar Resident of village - Triveniganj, Ward no.09, P.S.- Triveniganj, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. The petitioner seeks regular bail in connection with Bahadurganj Police Station Case No. 179 of 2021 registered for the offences punishable under Sections 272/273 of the Indian Penal Code 1860 and Sections 30(a)/36/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police intercepted one car, which was being driven by the co-accused Mantu Kumar and the petitioner was sitting by the side of the petitioner and recovered a total quantity of 153 litres of illicit foreign liquor from the same. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has not

Patna High Court CR. MISC. No.57527 of 2021(2) dt.20-05-2022 2/3 committed any offence in the manner alleged. He further submits that the petitioner is neither the owner nor the driver of the vehicle, in question. He further submits that co-accused Mantu Kumar, who was driving the vehicle, in question has been granted bail by this Court, vide order, dated 29.04.2021, passed in Criminal Misc. No. 52703 of 2021. He next submits that the petitioner is in custody since 23.06.2021, having no criminal antecedent and charge sheet has already been submitted and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that co-accused Mantu Kumar, who was driving the vehicle, has been granted bail by this Court, the petitioner is neither the owner nor the drive of the vehicle, he is in custody since 23.06.2021, having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

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

Patna High Court CR. MISC. No.57527 of 2021(2) dt.20-05-2022 3/3 satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Kishanganj, in connection with Bahadurganj Police Station Case No. 179 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √