Anil Kumar God @ Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5536 of 2023 Arising Out of PS. Case No.-695 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ANIL KUMAR GOD @ BHOLA KUMAR S/O- Sudama Gond R/O VillageLangarpura, P.S.- Maiwa, Distt- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Siwan Mufassil P.S. Case No. 695 of 2022, dated 20.11.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 250.560 Liters of country-made English Wine and petitioner is stated to have been arrested at the spot but in actual the said recovery was not made from the conscious possession of the petitioner and the real accused persons involved in the alleged crime managed to escape and petitioner is a young person and languishing in jail since 20.11.2022 and against him the
Patna High Court CR. MISC. No.5536 of 2023(2) dt.29-04-2023 2/2 investigation has been completed and there is a serious contradiction with regard to the time of recovery of the alleged wine in the FIR and the seizure memo.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Siwan Mufassil P.S. Case No. 695 of 2022. (Shailendra Singh, J.) maynaz/- U T