← Library
Patna High CourtCR. MISC./8982/2023allowed

Sonu Kumar Tiwari v. The State Of Bihar

2023-04-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8982 of 2023 Arising Out of PS. Case No.-492 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Sonu Kumar Tiwari Son Of Subhash Tiwari Resident Of Village- Padraun, P.S.- Lauriya, District- West Champaran At Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Nautan P.S. Case no. 492 of 2022 instituted for the offence under Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 21.24 liters foreign made liquor from a bag.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovered wine. No any incriminating article has been recovered from his possession. The petitioner is languishing in

Patna High Court CR. MISC. No.8982 of 2023(2) dt.17-04-2023 2/2 judicial custody since 17.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Nautan P.S. Case No. 492 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, West Champran at Bettiah. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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