Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15350 of 2023 Arising Out of PS. Case No.-117 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== Anuj Kumar Son Of Sri Sumesh Singh @ Sumera Sah @ Sumera Singh Resident Of Village - Saidpur Ganesh, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 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 section 414, of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 3698.250 liters of English wine, which was recovered from a truck bearing Reg. No. UP44T-7874.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner was apprehended on the spot

Patna High Court CR. MISC. No.15350 of 2023(2) dt.28-04-2023 2/2 nor any incriminating article has been recovered from his conscious possession. It is further submitted that vehicle in question does not belong to the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 25.05.2022 passed in Cr. Misc. No. 6581 of 2022. The petitioner is languishing in judicial custody since 11.01.2023.

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 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 Ganga Bridge P.S. Case No. 117 of 2020 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 cum-Additional District and Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Manish/- U T