Patna High CourtCR. MISC./69832/2022allowed

Golu Kumar @ Anshu Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69832 of 2022 Arising Out of PS. Case No.-510 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== GOLU KUMAR @ ANSHU KUMAR SON OF KARI SINGH @ MUKESH SINGH R/O VILL.- MADHURAPUR DAKSHN WARI TOLA, P.S.- TEGHRA, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 418.56 litres of IMFL and a owner book in the name of the petitioner were recovered from TATA Magic.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Neither he was the driver nor khalasi of the alleged vehicle. The name of the petitioner has been disclosed in

Patna High Court CR. MISC. No.69832 of 2022(2) dt.06-01-2023 2/2 this case because of the recovery of owner book from the said vehicle. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 17.11.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

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 Exclusive Special Judge Excise-1, Begusarai in connection with Barauni (Gadhara) P.S. Case No. 510 of 2021.

(Sunil Kumar Panwar, J) sushma/- U