Sokhi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86774 of 2024 Arising Out of PS. Case No.-854 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.

Sokhi Rai S/o- Sakaldeep Rai Resident of Village-Sabalpur Newal Tola, P.S.-Sonepur, District-Saran.

2.

Pintu Kumar S/o- Akhilesh Rai Resident of Village-Nasriganj Biscuit Factory More, P. S.-Danapur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Sonpur PS Case No. 854 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 898.56 litres of foreign liquor was recovered from the Truck. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2

Patna High Court CR. MISC. No.86774 of 2024(2) dt.19-12-2024 2/2 is the helper of the vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 19.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonpur PS Case No. 854 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T