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Patna High CourtCR. MISC./19960/2023allowed

Sanjay Kumar Singh v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19960 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Sanjay Kumar Singh, Son of Bal Kumar Singh, Resident of Village- Bhimpur, Ward No.- 9, P.S.- Bhimpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Veena Kumari Jaiswal For the State :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total 594 liter Nepali Dilbale-Sofi Deshi wine from the Scorpio bearing Registration No. PB-10BC-1400. It is further alleged that the petitioner was apprehended on the spot.

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 nor the vehicle in question belongs to him. Nothing has been recovered from the physical

Patna High Court CR. MISC. No.19960 of 2023(2) dt.19-05-2023 2/2 possession of the petitioner. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.08.2022. 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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghopur P.S. Case No. 329 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 ADJ-IV-cum-Special Judge (Excise), Supaul.

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