Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83138 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Sanoj Kumar Son of Rampukar Ram, R/o Village- Bahuari, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-12-2024 Heard Mr. Rahul Singh, learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the State.

2. Petitioner seeks regular bail in connection with Lakhaura P.S. Case No. 104/2024 dated 02.09.2024 registered for the offences punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 25 litres of liquor from the dicky of a motorcycle but the petitioner had no concern with the alleged seized liquor, in actual he was a passerby and when he saw the police party, he started fleeing away which made the police suspect him and he was made accused in the present matter only on suspicion. It

Patna High Court CR. MISC. No.83138 of 2024(2) dt.04-12-2024 2/2 is further submitted that there is no independent witness of the seizure list and the alleged liquor was not recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has been languishing in jail since 04.09.2024, having fair and clean antecedent and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's custody period and his fair and clean antecedent, this Court is inclined to grant the relief of regular bail to the petitioner. Accordingly, let the petitioner named-above be released 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 concerned Court in connection with Lakhaura P.S. Case No. 104/2024.

(Shailendra Singh, J) annu/- U T