Aman Kumar @ Chewra @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69024 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== AMAN KUMAR @ CHEWRA @ SHIVAM KUMAR son of Ashok Kumar @ Ajay Singh Village- Barahiya W.No-3, Ps- Barahiya Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32, 41 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of total 168 bottles of foreign liquor from a Scorpio and behind the Buniyadi School.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local Chaukidar. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in
Patna High Court CR. MISC. No.69024 of 2023(2) dt.01-11-2023 2/2 question. He submitted that one co-accused namely, Sidharth Singh has already been granted bail by a Co-ordinate Bench vide order dated 15.06.2023 passed in Cr. Misc. No. 37143 of 2023. He is languishing in judicial custody since 11.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cum-Exclusive Special Court-I, Lakhisarai in connection with Barahiya P.S. Case No. 85 of 2023. (Sunil Kumar Panwar, J) Arish/- U T