Patna High CourtCR. MISC./49424/2024allowed

Sanjay Kumar v. The State Of Bihar

2024-07-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49424 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Sanjay Kumar S/O Late Dasrath Prasad R/O Ajnama, P.S- Mohanpur, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 57 liters of country made liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted from para-9 of this petition that the concerned vehicle does not belong to the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal

Patna High Court CR. MISC. No.49424 of 2024(2) dt.20-07-2024 2/2 antecedent. Moreover, the petitioner is languishing in judicial custody since 08.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Excise Sherghati P.S. Case No. 92 of 2024 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 No.03, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T