Patna High CourtCR. MISC./49288/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-07-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49288 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Sunil Kumar, aged about 30 years, Gender-Male, S/o Govind Sahni, R/o Vill. Motipur PS. Tajpur Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per allegation in the FIR, it is a case of recovery of 22 liters of illicit liquor from a scooty bearing registration no.BR-33-AN-9780.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from his possession of the petitioner and he is in custody since 18.06.2024. He next submits that the seized liquor has no concern with the petitioner.

Patna High Court CR. MISC. No.49288 of 2024(2) dt.22-07-2024 2/2 He next submits that the petitioner is not the owner nor the rider of the seized vehicle.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Under the above facts and circumstances of the case, let the above named petitioner be released on bail 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)-02, Samastipur in connection with Sadar Excise P.S. Case No. 182 of 2024, subject to the condition that the petitioner shall not involve in the similar nature of offence till conclusion of the trial, failing which, the State shall be at liberty to move before the Trail Court itself for cancellation of bail bond of the petitioner.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T