Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57241 of 2023 Arising Out of PS. Case No.-187 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Sonu Kumar Son Of Dharmendra Rai @ Dharmendra Ray Resident Of Village - Maniyarpur, P.S. - Gatho, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner apprehends his arrest in connection with Ujiyarpur P.S. Case No. 187 of 2023 registered for the offence punishable under Sections 30(a), 41 (i) (ii) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 1727.595 litres foreign liquor from the truck and the motorcycle of the petitioner was also seized from the spot. The motor-cycle of the petitioner was also seized.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the motorcycle of
Patna High Court CR. MISC. No.57241 of 2023(2) dt.31-08-2023 2/2 the petitioner. He was not present at the place of recovery nor the seized prohibited liquor belongs to the petitioner. The petitioner has no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge Excise - I Samastipur in connection with Ujiyarpur P.S. Case No. 187 of 2023, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) shweta/- U T