Patna High CourtCR. MISC./61433/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61433 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Sonu Kumar, S/O Vijay Yadav, R/O Village- Agrupatti, P.S- Benipatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sadar (Mabbi OP) P.S. Case No. 444 of 2023 dated 03.07.2023 registered for the offences punishable u/ss 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioner and the co-accused persons were apprehended with the truck bearing Registration No. BR-11P-2918. On search, 3429.72 litres of

Patna High Court CR. MISC. No.61433 of 2023(2) dt.12-09-2023 2/2 illegal liquor was recovered from the said truck.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not the owner of the said truck. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Sadar (Mabbi OP) P.S. Case No. 444 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T