Abhishek Kumar @ Chintu @ Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8324 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- BYPASS District- Patna ====================================================== ABHISHEK KUMAR @ CHINTU @ CHINTU KUMAR S/o Sudhir Kumar @ Sudhir Kumar Roy R/o - Budh Nagar, Postal Park ward 31, P.S.- Kankarbagh, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 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 420 of the Indian Penal Code and Section 30(a), 32(ii)(iii), 40(i)(ii) of the Bihar Prohibition & Excise Amendment Act.

Prosecution case relates to recovery of total 522 liters country made foreign liquor which was alleged to be transported in the Suraj Transport.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.8324 of 2023(2) dt.07-02-2023 2/2 place of occurrence. The name of the petitioner has been disclosed in this by the co-accused Sonu Kumar in his confessional statement. Nothing incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 19.12.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bypass P.S. Case No. 481 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 Judge Excise, Patna City.

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