Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40234 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SUSHIL KUMAR SON OF LATE RAGHO SINGH RESIDENT OF VILLAGE- KHAPUR WARD NO 13, PS- RATWARA, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Industrial P.S. Case No.81 of 2023 dated 26.04.2023 registered for the offence(s) punishable under Section(s) 30(a) and 32(ii) of Bihar Prohibition and Excise Act, 2016. 3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of total 184.625 litres of Indian made foreign liquor from two vehicles and petitioner is concerned to the vehicle Maruti Car from which 91.8 litres of country-made foreign liquor was recovered and the rest was recovered from a Tata Magic in which co-accused persons Nitish Kumar and Sumit Kumar were riding and they were also apprehended along with

Patna High Court CR. MISC. No.40234 of 2023(2) dt.17-07-2023 2/2 this petitioner and the said co-accused persons have been granted bail by this Court vide order passed in Cr. Misc. No.40915 of 2023 and the case of this petitioner stands on similar footing with the said co-accused persons and he has been languishing in jail since 27.04.2023 and petitioner is neither driver nor owner of the alleged vehicle in which he was found present and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's young age and the completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Industrial P.S. Case No.81 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T