Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15203 of 2023 Arising Out of PS. Case No.-935 Year-2022 Thana- MANER District- Patna ====================================================== Sudhir Kumar Son Of Dular Chand Rai R/O Village- Badal Tola, Haldi Chapra, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-30(a)/32(iii) & 30(c) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 250 litres wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-12-2022. He has remained in custody for about four and half months. Charge sheet has already been submitted in the present case. The trial is not likely to be concluded in near future. It is alleged that 250

Patna High Court CR. MISC. No.15203 of 2023(2) dt.01-05-2023 2/2 litres wine is recovered from different motorcycles. The petitioner is not owner of the motorcycles in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Maner P.S. Case No. 935 of 2022 corresponding to Special Excise Case No. 2312 of 2022.

(Sudhir Singh, J) A.K.V.//- U T