Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3632 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- BHORE District- Gopalganj ====================================================== SANDEEP KUMAR S/o Lal Bahadur Mahato R/o village- Bharpurwa, P.S.- Phulwariya, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 98.8 liters of illegal country-made liquor recovered from a motorcycle, bearing no. BR28M-9163, which was driven by the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.3632 of 2023(3) dt.18-04-2023 2/3 petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. From the perusal of the para-25 of the case diary, it appears that the seized vehicle does not belongs to petitioner. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 12.12.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (Ten thousand) in the account of concerned DLSA. 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 Sessions Judge-II-cum-Special Judge, Excise-I, Gopalganj in connection with Bhore P.S. Case No. 588 of 2022.

Patna High Court CR. MISC. No.3632 of 2023(3) dt.18-04-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (Ten thousand) by the petitioner in the account of concerned DLSA.

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