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Patna High CourtCR. MISC./85283/2023allowed

Sonu Kumar Thakur v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85283 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Sonu Kumar Thakur Son of Manoj Thakur R/o Saidnagar, P.s. - Laheriasarai, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(i), 32(ii), 41, 47 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1105 litres 920 ML of IMFL from a Truck bearing Reg. No. UP-42T-2621, parked in a godown of cement shop.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the F.I.R. He has falsely been implicated in this case. He has no any concern with the alleged recovery of liquor or with the vehicle in question. Neither the petitioner was arrested on the spot nor any incriminating article

Patna High Court CR. MISC. No.85283 of 2023(2) dt.09-01-2024 2/2 has been recovered from his conscious possession. The other coaccused Akshay Chauhan apprehended on the spot, has already been granted bail by this Bench vide order dated 30.11.2023 passed in Cr. Misc. No. 76371 of 2023. Moreover, the petitioner is languishing in judicial custody since 15.10.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 Special Judge I, (Excise Act), Darbhanga in connection with Bahadurpur P.S. Case No. 466 of 2023.

(Sunil Kumar Panwar, J) lata/- U T