Patna High CourtCR. MISC./63491/2023bail granted

Sumit Kumar Jaiswal v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63491 of 2023 Arising Out of PS. Case No.-1688 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Sumit Kumar Jaiswal Son of Lalan Prasad Jaiswal, R/o village - Henri Bajar, P.S. - Town, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that 180 liters wine is recovered.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2023 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 180 liters wine is recovered from car. The petitioner is the driver of the car in question. He had no knowledge regarding the nature

Patna High Court CR. MISC. No.63491 of 2023(2) dt.10-10-2023 2/2 of goods being kept in the car. There is no chance of trial being concluded in near future. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court in connection with Excise P.S. case No.1688 of 2023.

(Sudhir Singh, J) Narendra/- U T