Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15700 of 2023 Arising Out of PS. Case No.-1469 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== PINTU KUMAR S/O LAKHINDAR RAY Resident of village- Tarsan, Kharauna Dih, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== 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 prayed for regular bail in connection with Excise Case no. 1469 of 2022 instituted for the offence under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 126 liters of illicit foreign liquor from an Ambulance bearing Registration no. BR01PN-9115 and the petitioner is said to be driver of the seized vehicle.

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. A

Patna High Court CR. MISC. No.15700 of 2023(2) dt.28-04-2023 2/3 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 8.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner was arrested on spot with the seized vehicle.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 1469 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 Special Judge, Excise Court No.-II, Muzaffarpur.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.15700 of 2023(2) dt.28-04-2023 3/3 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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