Bal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45608 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== Bal Kumar Son of Rajnandan Mahto Resident of Village- Kothiya,P.S.- Sheohar, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Purnahiya P.S. Case No. 24 of 2021, registered for the offence punishable punishable under Sections 307, 323 and other allied sections of the Indian Penal Code and section 45 of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on secret information that a car loaded with wine was coming towards Sheohar through Sonaul Sultan to Barahi, the police team including petitioner were hidden in one asbestos house and waiting for the said vehicle. After sometime one orange colour car was seen coming and when they tried to stop the car, the driver not stopped the car and informant became severely injured. The said car was
Patna High Court CR. MISC. No.45608 of 2021(3) dt.31-03-2022 2/2 recovered with wine and this petitioner was driver of the said car.
It is submitted that no recovery has been made from conscious possession of this petitioner and he has been made accused in this case at the instance of enemies. No such occurrence has ever taken place. Petitioner was not driver of the vehicle in question. Petitioner is in custody since 22.02.2021. Investigation is complete.
Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addtional Sessions Judge-cum-Special Judge Excise, Sheohar in connection with Purnahiya P.S. Case No. 24 of 2021. (Prabhat Kumar Singh, J) vinita/- U T