Sawan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31596 of 2023 Arising Out of PS. Case No.-304 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== SAWAN THAKUR SON OF SUKUL THAKUR @ LAXMESHWAR THAKUR R/O VILLAGE- YAJUAR, P.S.- KATRA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 304 of 2018 dated 17.09.2018 registered for the offences punishable u/s 272, 273 read with section 34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 14.4 litres of special delux whisky was recovered from the bag of the co-accused Arjun Ram.

Patna High Court CR. MISC. No.31596 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the apprehended person Arjun Ram. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in eight other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Nanpur P.S. Case No. 304 of 2018.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T