Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65635 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- MALI District- Aurangabad ====================================================== SONU KUMAR S/o- GUDDU PASWAN Village- Bishunpur Narindra Khap Ps- Kutumba Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mali P.S. Case No. 59 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 97.740 liters IMFL and 12.960 liters country made illegal liquor from from a Tempo and the petitioner was also apprehended on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern

Patna High Court CR. MISC. No.65635 of 2023(2) dt.13-10-2023 2/3 with the seized illicit liquor. It is further submitted that the there is no independent witness of the seizure list. The petitioenr has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.07.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mali P.S. Case No. 59 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II Aurangabad. The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the

Patna High Court CR. MISC. No.65635 of 2023(2) dt.13-10-2023 3/3 account of concerned DLSA.

(Sunil Kumar Panwar, J) Manishkr/- U T