Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51631 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Suresh Kumar Son Of Saheb Singh R/O-Kulashi, P.S.-SADAR Bahadur Ghadh, Distt.-JHARJHAR (HARIYANA) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 3092.580 liters foreign made illegal liquor from a truck and driver of the truck was apprehended on the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. He has got no criminal antecedent. Neither the petitioner was apprehended on the spot nor vehicle in

Patna High Court CR. MISC. No.51631 of 2023(2) dt.25-08-2023 2/2 question belongs to him. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 05.06.2023.

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 Durgawati P.S. Case No. 118 of 2022 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-II, Kaimur at Bhabhua.

(Sunil Kumar Panwar, J) Manishkumar/- U T