Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62723 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== Sonu Kumar, son of Pramod Sah Resident of Village -Mushahari Block PS -Mushahari, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Learned counsel for the petitioner is permitted to correct the date of custody of the petitioner in Para-7 of the bail petition in the course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in connection with Pear P.S. Case No.96 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

4. As per the prosecution case, there is recovery of 437.4 litres foreign liquor from the Scorpio of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to the reason that he is owner of the seized Scorpio

Patna High Court CR. MISC. No.62723 of 2024(3) dt.18-10-2024 2/2 vehicle. He further submits that vehicle was driven by the driver and the petitioner had no knowledge about the seized liquor and he has no concern with the same. Nothing has been recovered from the conscious possession of the petitioner. He also submits that the petitioner was not arrested but he himself surrendered before the concerned Court on 23.07.2024. Petitioner has three criminal antecedents in which he is on bail and he undertakes to co-operate in the investigation and the trial.

6. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

7. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.II, Muzaffarpur / concerned Trial Court in connection with Pear P.S. Case No.96 of 2023. (Sunil Dutta Mishra, J) ashishkr/- U T