Sudhir Kumar @ Sudhir Yadav @ Sudhir Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67723 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- PIPRA District- Supaul ====================================================== Sudhir Kumar @ Sudhir Yadav @ Sudhir Kumar Yadav, aged about 43 years, Male, S/O Shri Satyanarayan Yadav, R/O Village- Belhi (Gram PanchayatNorth Kishanpur), P.S- Kishanpur, Ward No. 9, P.O- Tharbitta, Distt.- Supaul. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amrit Abhijat, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. Case No. 653 of 2023, arising out of Pipra P.S. Case No. 190 of 2023 dated 03.06.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 92.295 litres of foreign liquor was recovered from the Tempo in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents in which

Patna High Court CR. MISC. No.67723 of 2023(2) dt.18-10-2023 2/2 he is on bail, as stated in paragraph no. 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioner. He is not the owner of the Tempo in question. The name of the petitioner has transpired in the present case on the basis of disclosure made by the co-accused Kamal Giri who was the driver of the said Tempo. He is in custody in this case since 23.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Supaul, in connection with S.T. Case No. 653 of 2023, arising out of Pipra P.S. Case No. 190 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T