Sawan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70935 of 2022 Arising Out of PS. Case No.-183 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== SAWAN THAKUR Son of Laxmeshwar Thakur R/v- Yajuar, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Singhwara PS case no. 183 of 2020 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding the illicit liquor being unloaded from a truck and being kept in four other vehicles, whereupon the police had apprehended the co-accused persons and upon search, 1894.320 liters of illicit foreign liquor was recovered. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 14.07.2022. The learned counsel for the petitioner

Patna High Court CR. MISC. No.70935 of 2022(2) dt.09-02-2023 2/2 has further submitted that the petitioner is not the owner of any of the apprehended vehicle and moreover, neither any illicit liquor has been recovered from his possession nor he has been apprehended from the spot.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor he has been apprehended from the spot, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise-II, Darbhanga in connection with Singhwara PS case no. 183 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T