Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50472 of 2023 Arising Out of PS. Case No.-430 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Chintu Kumar S/O Sri Mantu Yadav @ Mantu Ray R/O Village- New Yarpur, Janta Road, Ps. Gardanibagh, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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) and 36 of Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 216.5 liters of country made liquor from the bush near Veer Kuwar Singh colony.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern either with the seized liquor or with the place of occurrence where the recovery has been made. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.50472 of 2023(2) dt.11-08-2023 2/2 the petitioner. Moreover, he is languishing in judicial custody since 02.06.2023.

Learned APP appearing for the state has opposed the prayer of regular 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 Gardanibagh P.S. Case No. 430 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 Court, Patna. (Sunil Kumar Panwar, J) Shubham/- U T