Patna High CourtCR. MISC./70195/2023allowed

Sumit Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70195 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== Sumit Kumar Son Of Sri Mahesh Prasad Yadav Resident Of Village - Purana Dumka, Mohalla - Jaruwadih, P.S. - Town, District - Dumka (Jharkhand) Pin - 814101 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shweta Anand For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition Act.

Prosecution case relates to recovery of total 189 litres of IMFL from Bolero Car and petitioner and co-accused Manish Kumar Rai were arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner was sitting on behind seat of the alleged vehicle. He has no concern with the recovered liquor or with the vehicle in question. Petitioner is languishing in judicial custody since 21.08.2023. Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.70195 of 2023(3) dt.06-11-2023 2/2 prayer of Bail.

Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Spl. Judge, Excise II, Bhagalpur in connection with Sanhoula P.S. Case No. 135 of 2023.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U