Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67280 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== SONU KUMAR Son of Ramesh @ Ramesh Singh R/o vill - Bagaru, P.S. - Sonipat (Sadar), Distt. - Sonipat (Hariyana) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 32(i)(ii), 41 of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner and co-accused persons were apprehended on the spot along with a truck and upon search total 2500.26 liters foreign wine was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any

Patna High Court CR. MISC. No.67280 of 2023(2) dt.31-10-2023 2/2 incriminating article has been recovered from conscious possession of the petitioner. It is further submitted the petitioner was remanded in this case from another case on 30.01.2023, since then he is languishing in judicial custody.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maheshkunt P.S. Case No. 172 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise II, Khagaria.

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