Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53712 of 2023 Arising Out of PS. Case No.-412 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Sunil Kumar Son Of Lokeshwar Sao Resident Of Village- Pitiz, Ps- Itkhori, Distt- Chatra (JHARKHAND) 2.

Pappu Kumar Dangi Son Of Parmenshwar Dangi Resident Of Village- Pitiz, Ps- Itkhori, Distt- Chatra (JHARKHAND) 3.

Ram Kumar Dangi Son Of Birendra Dangi Resident Of Village- Pitiz, PsItkhori, Distt- Chatra (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a), 41, 32 of Bihar Prohibition and Excise Act.

As per prosecution case, the accused persons including the petitioners were apprehended on the spot and from their Bloero vehicle total 108 liters illegal liquor was recovered.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to high

Patna High Court CR. MISC. No.53712 of 2023(3) dt.28-08-2023 2/2 handedness of the police officials. They have got no criminal antecedents. The petitioners have no concern with the alleged recovery nor vehicle in question belongs to them. It is further submitted that nothing incriminating article has been recovered from their conscious possession and the Seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. Moreover, the petitioners are languishing in judicial custody since 05.07.2023.

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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sheikhpura P.S. Case No. 412 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 Exclusive Special Judge, Shikhpura. (Sunil Kumar Panwar, J) Manishkumar/- U T