Sudhir Kumar @ Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65395 of 2024 Arising Out of PS. Case No.-128 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Sudhir Kumar @ Sumit Kumar S/o Virendra Rai R/o Village- Maheya Nalpur, P.S.- Patepur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Patepur P.S. Case No. 128 of 2021.
3. As per prosecution case, there has been recovery of total 789.12 liters of foreign liquor from a Truck.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner is the owner of the seized vehicle in question but he has no concern with the alleged recovery of liquor. He further submitted that petitioner has no
Patna High Court CR. MISC. No.65395 of 2024(2) dt.19-09-2024 2/2 knowledge regarding the goods loaded in it by his driver. On the basis of suspicion and due to his criminal antecedents, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he is in custody since 09.08.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail 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 No.-II, Vaishali at Hajipur in connection with Patepur P.S. Case No. 128 of 2021, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.
7. The petitioner shall furnish his bail bond after completion of four months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U T