Atul Thakur @ Atul Kumar @ Sintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33605 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== ATUL THAKUR @ ATUL KUMAR @ SINTU SINGH S/O LATE MUKUL THAKUR @ LATE RABINDRA NATH THAKUR R/O Village- Bhatsimar, P.S- Raj Nagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 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 Pandaul P.S. Case No. 109 of 2022 dated 09.06.2022 registered for the offences punishable u/s 272, 273 read with section 34 of the IPC and section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 234 litres of foreign liquor was recovered from a car.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33605 of 2023(2) dt.24-05-2023 2/2 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 co-accused Chhathu Yadav. The petitioner is neither the owner nor the driver of the said car. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.04.2023.

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 sureities of the like amount each to the satisfaction of the Learned Court of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No 109 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Guddu kr/- U T