Amarjeet Kumar @ Ankaj Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17192 of 2023 Arising Out of PS. Case No.-377 Year-2021 Thana- GOGRI District- Khagaria ====================================================== AMARJEET KUMAR @ ANKAJ VERMA SON OF LATE UPENDRA VERMA RESIDENT OF VILLAGE - HARDASACHAK, P.S. - MUFFASIL, DISTRICT - KHGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 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) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 81.375 litres and 82.125 litres of I.M.F.L. from the dickey of car bearing Reg. No. DL-7CF-1608.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner is

Patna High Court CR. MISC. No.17192 of 2023(2) dt.29-04-2023 2/3 named in F.I.R. nor anything incriminating has been recovered from his conscious possession. Petitioner is not named in F.I.R. and his name sprang up in this case during investigation being the owner of the alleged seized motorcycle. It is further submitted that petitioner has parked his motorcycle nearby the place of occurrence nad on suspicion police has seized the motorcycle of the petitioner. He has no concern with the alleged recovery or with the place of occurrence. Petitioner was not apprehended on spot. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 13.12.2022. similarly situated co-accused Several co-accused persons have been granted bail by the co-ordinate Benches of this Court.

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

Patna High Court CR. MISC. No.17192 of 2023(2) dt.29-04-2023 3/3 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 Judge 1st, Khagaria in connection with Gogri P.S. Case No. 377 of 2021. (Sunil Kumar Panwar, J) nirajkrs/- U