Patna High CourtCR. MISC./7058/2023bail granted

Vishwaranjan Kumar v. The State Of Bihar

2023-05-19Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7058 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== VISHWARANJAN KUMAR, aged about 20 years (Male), Son of Vinod Yadav Resident of Village - Jamalpur, P.S.- Fesar, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise P.S. Case No. 14 of 2023 dated 06.01.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 544.32 litres of illicit country made wine and the same is stated to have been recovered from a Bolero vehicle and as per allegation this petitioner and co-accused Sunil Kumar were found sitting in the said vehicle at the time of recovery but in actual the petitioner was present in the said

Patna High Court CR. MISC. No.7058 of 2023(3) dt.19-05-2023 2/3 vehicle in the capacity of driver and co-accused Sunil Kumar has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.8000 of 2023. Further submissions are that the petitioner has fair and clean antecedent and he had no knowledge about the illicit wine being loaded in the alleged vehicle and he was simply discharging his duty at the instruction of the vehicle's owner. Further submissions are that the petitioner is a young person and he has been languishing in jail since 06.01.2023 and against him, the investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Excise P.S. Case No. 14 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7058 of 2023(3) dt.19-05-2023 3/3 the Court concerned.

(Shailendra Singh, J) Sanjay/- U