Sadhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7849 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sadhu Kumar S/O Kailash Ray @ Kailash Sah R/O Village- Kaswa Shakar Saraiya, P.S.- Turkauliya, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 34 of the Indian Penal Code and u/s 30(a), 41(i) of the Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 35 liters country made liquor which was recovered from a motorcycle after that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness

Patna High Court CR. MISC. No.7849 of 2023(2) dt.02-05-2023 2/2 of the police. The petitioner has no concern with the alleged recovery nor vehicle is question belongs to him. It is further submitted that nothing incriminating article has been recovered from his conscious possession moreover the petitioner is languishing in judicial custody since 15.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 310 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-1, Motihari, East Champaran. (Sunil Kumar Panwar, J) Manish/- U T