Sunil Kumar Suman @ Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57759 of 2023 Arising Out of PS. Case No.-111 Year-2020 Thana- BITHAN District- Samastipur ====================================================== Sunil Kumar Suman @ Sunil Yadav S/O- Late Upendra Yadav VillageSohama Sohan Ps- Bithan Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 30(a) and 30(f) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 42.375 liters of country made liquor from the Baithaka.
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 name of the petitioner has been transpired on the basis of disclosure made by local chowkidaar. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. Moreover, he is
Patna High Court CR. MISC. No.57759 of 2023(2) dt.01-09-2023 2/2 languishing in judicial custody since 14.07.2023.
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 Bithan P.S. Case No. 111 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, 1st, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T