Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67563 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- PURAINI District- Madhepura ====================================================== SONU KUMAR Son of Kuldeep Yadav Resident of Village-Jhitkiya, P.S.- Gwalpara, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case as lodged by the police personnel is that after getting information, the informant started vehicle checking nearby Ambedkar Chowk. At about 6:30 O'clock, a white colour pick-up van came and stopped by the police from which 1862 litres of different brands of spicy wine and 240 water bottle were seized in presence of two independent witnesses as the driver Sonu Kumar and a person Pankaj Kumar

Patna High Court CR. MISC. No.67563 of 2019(2) dt.04-11-2019 2/3 seated thereon could not produce any paper to the police. On interrogation, the apprehended persons also stated the names of owner of alleged seized wine as Satish Kumar and Rahul Kumar. No doubt, the Puraini police caught hold of petitioner Sonu Kumar while he was carrying the alleged seized wine by used pick-up van without number and there is recovery of huge quantity of different brands of spicy wine and prima facie complicity of the petitioner reveals in transportation of wine stealthily in spite of complete ban in Bihar. Learned counsel for the petitioner submits that the petitioner is quite innocent, has committed no offence and has been falsely implicated in the present case. He submits that the petitioner is the driver of the vehicle and there is no recovery from the conscious possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 20.09.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail 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 A.D.J.-II, Madhepura in connection with Puraini Police Station Case No.

Patna High Court CR. MISC. No.67563 of 2019(2) dt.04-11-2019 3/3 171 of 2019 corresponding to Excise Act Case No. 1042 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T