Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17086 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== NARESH KUMAR SON OF MANGAL SAH R/O VILLAGE- MASURAJ, P.S.- KHODAWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 This case has been brought under the heading "To Be Mentioned' for making necessary correction in order dated 12.05.2023.

By order dated 12.05.2023 bail was granted to the petitioner but inadvertently the fact has wrongly been incorporated in the order. Let the complete order be read as under:- " 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 section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case relates to recovery of 1114.200 liters of illicit liquor from a Eicher truck and co-accused Sha-

Patna High Court CR. MISC. No.17086 of 2023(3) dt.16-05-2023 2/3 trughan Sah, who was the owner of the vehicle along with three others including the petitioner was arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question rather he was simply a driver of the alleged vehicle. Owner of the alleged truck, namely, Shatrughan Sah, who is also a co-accused had already been enlarged on bail by another coordinate Bench of this Court vide order dated 1.5.2023 passed in Cr. Misc. No. 15318 of 2023. Petitioner is languishing in judicial custody since 8.1.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Excise Court No. 1, Siwan in connection with Mairwa P.S. Case No. 08 of 2023."

Patna High Court CR. MISC. No.17086 of 2023(3) dt.16-05-2023 3/3 The order dated 12.05.2023 is modified to the extent indicated above.

(Sunil Kumar Panwar, J) sushma/- U