Sakesh Kumar @Saket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55249 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Sakesh Kumar @Saket Kumar Son Of Ratnesh Singh @ Ratnesh Prasad Singh Resident Of Village-Jagdish Kamtaul, Ps- Kudhani, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr. Sanjay Kumar 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 registered for the offence punishable under sections 420, 414, 467, 120(B) of the Indian Penal Code and Sections 30(a), 32(i) (ii) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 1522 liters of illicit liquor from two different vehicles and the petitioner is said to have indulged in trade of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of secret information. He has got no criminal antecedent as stated in para-3 of the bail petition.

Patna High Court CR. MISC. No.55249 of 2023(2) dt.29-08-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of he 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 Bhagwanpur P.S. Case No. 140 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 Excise Court No.1cum-Addl. District & Sessions Judge Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T