Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41178 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Saroj Kumar S/O Shivnath Singh Yadav R/O Village- Chandaus Mathiya, Ps. Sigori, Dist. Patna ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(ii) (iii), 41 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 495 liters of illicit country made liquor from a vehicle Bearing Registration no. BR01BK-8075 and the petitioner is said to be driver of the seized vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent as stated in para-3 of the petition. Petitioner is only driver of the said vehicle but he has no

Patna High Court CR. MISC. No.41178 of 2023(2) dt.14-07-2023 2/2 concern with the alleged recovery of illicit liquor and one Rajesh Paswan is registered owner of the said vehicle. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 12.1.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramkrishhna Nagar P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Patna. (Sunil Kumar Panwar, J) Amandeep/- U T