Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14474 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- SAHPUR District- Patna ====================================================== Munna Kumar Son Of Late Chandrashekhar Rai R/O Vill.- Chakiya Tola, Khaspur, P.S.- Maner, Distt.- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashikant Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 41, 56 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 45 litres of county made liquor from a motorcycle bearing registration number BR-01BK-9116. The petitioner is alleged to be driver of the aforesaid motorcycle. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing

Patna High Court CR. MISC. No.14474 of 2023(2) dt.27-04-2023 2/3 incriminating has been recovered from his conscious possession. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 21.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing on behalf of State vehemently opposed the prayer of Bail and submitted that liquor has been seized from the motorcycle which was being driven by the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise, Danapur (Patna) in connection with Shahpur P.S.

Patna High Court CR. MISC. No.14474 of 2023(2) dt.27-04-2023 3/3 Case No. 37 of 2023.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T