Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15965 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Sudhir Kumar Son Of Baidnath Rai @ Baijnath Ray R/O Jagdishpur P.SVaishali (O.P Belsar) Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 32(2), 41(c) of the Bihar Prohibition & Excise Act.

There is recovery of 406.080 litres of illicit Indian made foreign liquor from a Bolero pick-up van and a motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.15965 of 2023(2) dt.16-05-2023 2/2 petitioner has no concern either with the seized vehicles or the illicit liquor. The petitioner is languishing in custody since 09.02.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) in the District Legal Services Authority, Vaishali at Hajipur. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Belsar O.P. P.S. Case No. 44 of 2023.

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