Sonu Kumar Singh @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84420 of 2023 Arising Out of PS. Case No.-339 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Sonu Kumar Singh @ Sonu Singh Son Of Ramakant Singh R/O Panditpura, P.S.- Bhore, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 49 litres IMFL was recovered from Hero Splendor Plus Motorcycle which was left by the petitioner. Accused Shailesh Yadav was apprehended on spot and he disclosed the name of the petitioner and co-accused Aslam Miyan who had fled from the place of occurrence leaving behind their motorcycles.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No. 84420 of 2023(2) dt.08-01-2024 2/3 committed no offence. He has no concern with the alleged recovery or with the motorcycle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 53468 of 2023. As per para-3 petitioner has got clean antecedent and languishing in judicial custody since 24.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-

Patna High Court CR. MISC. No. 84420 of 2023(2) dt.08-01-2024 3/3 cum-Special Judge, Excise-I, Gopalganj in connection with Bhore P.S. Case No. 339 of 2023.

(Sunil Kumar Panwar, J) sushma/- U