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Patna High CourtCR. MISC./10149/2021bail granted

Sonu Kumar Yadav @ Sonu Yadav v. The State Of Bihar

2021-07-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10149 of 2021 Arising Out of PS. Case No.-284 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== Sonu Kumar Yadav @ Sonu Yadav Son Of Ramakanth Yadav Resident Of Village- Sirisiya Kanta, P.S- Khampar, District- Dewariya (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mishra, Adv.

For the State :

Ms. Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Phulwariya P.S. Case no. 284 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a search being conducted 174 litres of liquor was recovered from the Maruti Suzuki vehicle being driven by this petitioner. It is submitted by learned counsel for the petitioner that the petitioner drives vehicle for his living. He is neither the owner of the vehicle nor has any concern with the seized liquor.

Patna High Court CR. MISC. No.10149 of 2021(3) dt.20-07-2021 2/2 He was not aware with the goods inside the car. He has no criminal antecedent and is in custody since 28.11.2020. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody for more than 7 months and not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Phulwariya P.S. Case no. 284 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Gopalganj.

Bibhash (Partha Sarthy, J) U