Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4410 of 2023 Arising Out of PS. Case No.-995 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Sachin Kumar S/O Kailash Yadav R/V- Maramar, P.S.- Rosera, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha Mr. Shisir Kumar Shisir For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Excise P.S. Case No. 995 of 2022 registered under sections 30(a) and 56(b) of Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to recovery of 441.720 liters of Indian made Foreign liquor from the pick up van which was being driven by the co-accused and this petitioner was present in the said vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.4410 of 2023(2) dt.05-04-2023 2/2 the petitioner has taken lift from the said vehicle for going to Gaya and in the way, they were arrested by police. The petitioner has no concern either with the vehicle in question or with the seized illicit liquor. Nothing has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 28.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Excise P.S. Case No. 995 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No. 3, Gaya.

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