Sunil Tiwari @ Sunil Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35780 of 2020 Arising Out of PS. Case No.-214 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== SUNIL TIWARI @ SUNIL KUMAR TIWARI son of Rama Tiwari Resident of Village- Noneya Tiwari Tola, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned APP for the State.
The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 214 of 2020 for the offence punishable under Sections 270, 272/34 of the Indian Penal Code and section 39(a), 41(1) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of huge quantity of illicit liquor from a truck.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 02.09.2020. The learned counsel for the petitioner, by referring to paragraphs no. 6 and 7 of the present petition, has submitted that the petitioner is neither driver nor khalasi nor the owner of the truck in
Patna High Court CR. MISC. No.35780 of 2020(2) dt.19-01-2021 2/3 question and he has also not been named in the FIR. It is further submitted that the petitioner was languishing in custody in connection with Paharpur P.S. Case No. 49 of 2020, whereafter he has been remanded in the present case, after his name came to the fore upon confessional statement having been made by the co-accused person namely Jamshed Nirala.
Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is neither the driver of the truck, nor khalasi nor owner of the truck and he is stated to have been roped in the present case merely on suspicion, upon confessional statement having been made by Jamshed Nirala as also he is a non-FIR named accused person, I deem it fit and proper to direct for release on the petitioner on regular bail.
Accordingly, the petitioner, above-named is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 13th Addl. District and Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in
Patna High Court CR. MISC. No.35780 of 2020(2) dt.19-01-2021 3/3 connection with Chhatauni P.S. Case No. 214 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T