Sunny Kumar @ Sani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56821 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== Sunny Kumar @ Sani Kumar Son of Sri Mahendra Pandey Resident of Salimpur Ahara, Gali No.2, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Kochas (Parsthaua O.P.) P.S. Case No. 128 of 2022, lodged under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, the total recovery of 190.080 liter of foreign liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also submits that petitioner has taken lift in the Maruti Car, on which

Patna High Court CR. MISC. No.56821 of 2022(2) dt.02-12-2022 2/2 said wine was recovered and he was completely unaware. He further submits that antecedent of the petitioner is clean and he is in custody since 26.04.2022 and charge-sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Kochas (Parsathaua O.P.) P.S. Case No. 128 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T