Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18749 of 2023 Arising Out of PS. Case No.-2 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Pintu Kumar Son Of Vijo Yadav @ Vijendra Yadav Resident Of Village - Bhatrandha, Ward No. - 5, P.S. - Madhepura, Distt. - Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 section 30(a) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 882 liters foreign liquor from a vehicle. 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 suspicion. Neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from

Patna High Court CR. MISC. No. 18749 of 2023(2) dt.17-05-2023 2/2 his conscious possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.12.2022. 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 Excise P.S. Case No. 02 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIth-cum Special Judge Excise Act-2nd Madhepura.

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