Sumit Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49013 of 2024 Arising Out of PS. Case No.-502 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Sumit Kumar @ Chandan Singh Son of Umesh Singh Resident of VillMahua Singh Rai, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramadit Mr.

For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of 18 cases and allegation is of recovery of 1593.705 liters of liquor from a truck and a pick up van.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and during the course of investigation, he was arrested. It is next submitted that petitioner is neither the owner nor the driver of the seized vehicle and he came to be implicated at the instance of

Patna High Court CR. MISC. No.49013 of 2024(2) dt.05-07-2024 2/2 Chowkidar with whom he is on an inimical term. It is also submitted that in majority of the cases police is implicating accused persons either at the instance of Chowkidar or local person. It is also submitted that it appears that police, in order to save the real culprits, falsely implicated the petitioner taking advantage of his antecedents through the Chowkidar. It is further submitted that petitioner is languishing in judicial custody since 24.05.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on regular bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 502 of 2021.

(Satyavrat Verma, J) Rishabh/- U T