Chintu Kumar @ Satyendra Kumar @ Chirkut Kumar @ Satyendra @ Chirkut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63446 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Chintu Kumar @ Satyendra Kumar @ Chirkut Kumar @ Satyendra @ Chirkut Son Of Nanhku Sah Village- Mahmudganj Bazaar Ps- Durgawati Dist- Kaimur Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kiran Kumari Sharma For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 138.24 liters of country made liquor from a Tempo.

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. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person Jitendra Ram before the police which has got no evidentiary value in the

Patna High Court CR. MISC. No.63446 of 2023(2) dt.09-10-2023 2/2 eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.07.2023.

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 Durgawati P.S. Case No. 146 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 Spl. Judge Excise Act Court No.2, Kaimur, Bhabhua. (Sunil Kumar Panwar, J) shubham/- U T