Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6096 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== SUDHANSHU KUMAR Son of Bal Kishore Sah Resident of VillageMathahi, Ward No.-6, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 94 liters of Wiscof Codeine Syrup from a Car.

It is submitted by learned counsel for the 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 alleged recovery of Codeine or with the vehicle in question. Nothing incriminating article has recovered from the conscious possession of the petitioner. Petitioner is

Patna High Court CR. MISC. No.6096 of 2023(4) dt.06-07-2023 2/2 only sitting in the alleged car and due to this he has been implicated in the present case. seized vehicle or with the wine in question. He submitted that the others co-accused namely, Mukesh Kumar and Dilip Kumar @ Dileep Kumar, who apprehended on spot, have already been granted bail by this Bench vide order dated 29.03.2023/ 28.03.2023 passed in Cr. Misc. No. 94 of 2023/ 482 of 2023. He is languishing in judicial custody since 18.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Govt. Official Comp. P.S. Case No. 506 of 2022. (Sunil Kumar Panwar, J) arish/- U T