Chintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54907 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== CHINTU KUMAR SON OF LATE VIJAY PRASAD VILLAGE NAND NAGAR COLONY, PS- BAHADURPUR, DIST- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(2)(3) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 15 liters of illegal country-made liquor from bag of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the wine. On the basis of suspicion and due to his criminal antecedents, he has been implicated in the present case by high handedness of
Patna High Court CR. MISC. No.54907 of 2023(2) dt.29-08-2023 2/2 police. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 23.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bahadurpur P.S. Case No. 229 of 2023.
(Sunil Kumar Panwar, J) arish/- U T