Ramashray Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72444 of 2022 Arising Out of PS. Case No.-348 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.

RAMASHRAY SONKAR S/o Lalaram Sonkar R/v- Rajwari, P.S.- Chhobepur, District- Varanasi (U.P) 2.

DHARMENDRA KUMAR SONKAR S/o Nathuni Sonkar R/v- Rema, P.S.- Aalinagar, District- Chhaduli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek regular bail in connection with PR Case No. 348 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 103.680 litres of illicit liquor from a vehicle and the petitioners were arrested from the spot.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case

Patna High Court CR. MISC. No.72444 of 2022(2) dt.10-02-2023 2/3 and they are languishing in custody since 25.11.2022. The petitioner no. 1 is stated to be having a clean antecedent while the petitioner no. 2 is an accused in one another case. It is further submitted, by referring to paragraph no. 8 of the present petition, that the seized vehicle does not belong to the petitioners, hence they are 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 petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.72444 of 2022(2) dt.10-02-2023 3/3 satisfaction of learned Special Judge Excise Court No. 2, Kaimur at Bhabhua in connection with PR Case No. 348 of 2022.

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