Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69384 of 2022 Arising Out of PS. Case No.-1097 Year-2022 Thana- BIHTA District- Patna ====================================================== AVINASH KUMAR S/O RAVINDRA KUMAR SINGH Resident of villageDilawarpur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== 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 420, 467, 468/34 of the IPC and Section 30(a), 32, 36 and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 877.5 litres from a truck and driver was apprehended on spot who disclosed the name of the petitioner as of his associate. 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. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the

Patna High Court CR. MISC. No.69384 of 2022(2) dt.06-01-2023 2/2 police, which has got no evidentiary value in the eye of law. 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 24.10.2022. 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 Special Excise Judge, Danapur in connection with Special Case No. 1877 of 2022 arising out of Bihta P.S. Case No. 1097 of 2022. (Sunil Kumar Panwar, J) sushma/- U