Patna High CourtCR. MISC./60774/2023allowed

Sukhbinder Singh @ Sukhvinder Singh v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60774 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Sukhbinder Singh @ Sukhvinder Singh S/O Labh Singh R/O VillagePunjaba, Ps. Lambi, Dist. Muktsar Sahib, (PUNJAB) 2.

Kalu Ram S/O Omprakash R/O Village- Baramsar, Ps. Rawatsar, Dist. Hanumangarh, (RAJSTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhash For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a), 47 Bihar Prohibition and Excise Act and Sections 420, 467, 468, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioners along with a truck were apprehended on the spot and upon search total 4949.28 liters illegal liquor was recovered.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioner No-1 is owner-cum-driver and the petitioner

Patna High Court CR. MISC. No.60774 of 2023(2) dt.22-09-2023 2/2 No-2 is co-driver of the alleged truck and they have falsely been implicated in this case due to high handedness of the police officials. The petitioners have no concern with the alleged recovery and the seizure list has not been prepared as per provision of law. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioners are languishing in judicial custody since 16.05.2023.

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 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 Mohinia P.S. Case No. 315 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 concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T