Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48976 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== 1.

MONU KUMAR SON OF GIRIBAR SINGH R/O-A-141 KAMLA VIHAR KARAWAL NAGAR DAYALPUR NORTH-EAST DELHI 2.

SONU KUMAR SON OF ASHOK KUMAR @ ASHOK CHOUDHARY R/O-RAGHUBIR NAGAR B-3 829 12.5 GAJ POLICE STATIONRAJAURI GARDEN NEW DELHI 3.

HEMLATA WIFE OF GURUDAYAL R/O-16/1445 EAST BLOCK E-16 BAPANAGAR KAROLBAGH, NEW DELHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 420, 465, 467, 468, 471 of the Indian Penal Code and Sections 32, 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 208.5 litres of illicit IMFL from a Swift Desire Car of which petitioner no. 1 was driver and petitioner no. 2 and 3 were sitting behind. All three accused persons were arrested on spot by the police party. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.48976 of 2023(2) dt.25-08-2023 2/2 has submitted that petitioner is innocent and has committed no offence. Petitioner no. 1 was driving the vehicle being a driver, who had no any knowledge of keeping of illicit liquor inside the vehicle. So far as petitioner no. 2 and 3 are concerned, they have no concern either with the vehicle or with the liquor. They are languishing in judicial custody since 22.4.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 99 of 2023.

(Sunil Kumar Panwar, J) sushma/- U