Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13711 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Sintu Kumar Son Of Jayant Mandal R/V- Dumariya P.S- Gopalpur, DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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), 32(ii), Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 36 liters Indian Made Foreign Liquor and other articles which were recovered from a Scorpio bearing Reg. No. JH05DA-7474. After that this case has been lodged against the petitioner along with co-accused persons.

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

Patna High Court CR. MISC. No.13711 of 2023(2) dt.05-05-2023 2/2 suspicion. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him and he has only taken lift from the alleged car. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.12.2022. 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 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 Industrial P.S. Case No. 245 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-I, Bhagalpur.

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