Patna High CourtCR. MISC./70138/2023allowed

Sawan Kumar v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70138 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== SAWAN KUMAR son of Prabhu Sahni Village- Barheta W.No-5, Pskalyanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 284 liters of illegal foreign liquor from the different motorcycles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section

Patna High Court CR. MISC. No.70138 of 2023(2) dt.03-11-2023 2/2 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 26.08.2023.

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 Exclusive Special Excise Judge-I, Samastipur in connection with Chakmehsi P.S. Case No. 157 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T