Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64043 of 2021 Arising Out of PS. Case No.-737 Year-2020 Thana- MAHUA District- Vaishali ====================================================== SANOJ KUMAR S/o Devanand Ray @ Devanand Rai Resident of Village - Sadapur Mahua @ Ganagapur Mahua, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Namrata Mishra, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahua P.S. Case No. 737 of 2020 for the offence registered under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck standing in an open space from where the same was seized. It is further alleged that one coaccused person namely Saroj Rai was arrested from the spot and he is stated to have disclosed the name of the petitioner to be one of his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.04.2021.

Patna High Court CR. MISC. No.64043 of 2021(2) dt.16-12-2021 2/2 The learned counsel for the petitioner has further submitted that the petitioner has got no concern with the truck in question and no illicit liquor has been recovered from the conscious possession of the petitioner herein.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 District & Session Judge, Excise Act, Vaishali at Hajipur in connection with Mahua P.S. Case No. 737 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T