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Patna High CourtCR. MISC./52063/2023allowed

Sunil Singh v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52063 of 2023 Arising Out of PS. Case No.-12 Year-2020 Thana- NATWAR District- Rohtas ====================================================== Sunil Singh Son Of Mukhdev Singh @ Dara Singh Resident Of Village Muswat Tola P S Natwar District Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== 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), 41 Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 64.08 liters illegal liquor from khalihan of co-accused Tej Narayan Singh.

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 confessional statement of co-accused. Neither the petitioner was apprehended on the place of recovery belongs to him. It

Patna High Court CR. MISC. No.52063 of 2023(2) dt.25-08-2023 2/2 is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 09.07.2023. 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 Natwar P.S. Case No. 12 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II -cum Additional District and Sessions Judge Rohtas at Sasaram.

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