Chintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54665 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== CHINTU KUMAR S/O LATE VIJAY PRASAD R/O 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.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 15 litres liquor from the possession of accused Monu Kumar, which was kept in a plastic bag and he disclosed the name of the petitioner, who managed to escape.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the apprehended accused. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the
Patna High Court CR. MISC. No.54665 of 2023(2) dt.29-08-2023 2/2 police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 7.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Special Excise Court of Excise, Patna City (Patna) in connection with Bahadurpur P.S. Case No. 230 of 2022.
(Sunil Kumar Panwar, J) sushma/- U