Patna High CourtCR. MISC./63633/2023allowed

Sunil Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63633 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- KURSAILA District- Katihar ====================================================== Sunil Kumar Son Of Ompal Singh Resident Of Village- Kursela Basti, Ward No. 07, Ps- Kursela, Distt- Katihar, Permanent Add- Resident Of VillageNagla Gosai, Ps- Mawana, Dist- Meruth Up ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. According to FIR, the petitioner is said to have been apprehended with a motorcycle from where, 16 liters of country made liquor was recovered.

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. Petitioner has no concern with the alleged recovery of illicit liquor and seized motorcycle belongs to FIR named co-

Patna High Court CR. MISC. No.63633 of 2023(2) dt.10-10-2023 2/2 accused Rahul Kumar. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 29.7.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kursela P.S. Case No. 173 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 Additional Sessions Judge Exclusive Court No.2, Katihar. (Sunil Kumar Panwar, J) Amandeep/- U T