Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86366 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Sonu Kumar, aged about 19 years, Male, S/O Shyam Mandal, R/O VillRajanpur, P.S.- Sajaur, District- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Maslehuddin Ashraf, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Let the defect, as pointed out by the office notes dated 19.03.2025, be ignored.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner seeks bail in connection with Industrial Area P.S. Case No. 155 of 2024 dated 15.09.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

5. As per the prosecution case, total 164.07 litres of foreign liquor was recovered from the Scorpio vehicle in question.

Patna High Court CR. MISC. No.86366 of 2024(3) dt.21-03-2025 2/3

6. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case. It is further submitted that the petitioner is neither the owner nor the driver of the Scorpio vehicle. No incriminating article has been recovered from his possession. He had no knowledge that the illicit liquor was kept in the said vehicle. He has no concern with the alleged offence. The other co-accused Prince Kumar @ Nirbhay Kumar Mishra has already been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 78653 of 2024 under order dated 14.11.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 15.09.2024.

7. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

8. Considering the aforesaid facts and circumstances of the case as well as the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1, Bhagalpur in connection with Industrial Area P.S. Case No. 155 of 2024.

Patna High Court CR. MISC. No.86366 of 2024(3) dt.21-03-2025 3/3

9. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T