Sunil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72464 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- BAUNSI District- Banka ====================================================== SUNIL KUMAR SAH Son of Bhuneshwar Sah Resident of village - Rasidpur (Rasikpur), P.S.- Dumka, District - Dumaka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bounsi P.S. Case No. 220 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 124.875 litres of illicit liquor from a car and the petitioner is stated to have been arrested from the said car.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.72464 of 2022(2) dt.10-02-2023 2/3 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 13.09.2022. The learned counsel for the petitioner has further submitted that the petitioner was a co-passenger in the said car and had taken lift to reach his destination, hence he is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II,

Patna High Court CR. MISC. No.72464 of 2022(2) dt.10-02-2023 3/3 Banka in connection with Bounsi P.S. Case No. 220 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T