Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73454 of 2023 Arising Out of PS. Case No.-1250 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Pintu Kumar Son Of Rajendra Choudhary Resident Of Village- 47 Raghunath Tola Anishabad, P.S.- Gardanibagh, District- Patna, Bihar 800002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Apurva Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 80 litres of country made liquor from a car bearing Reg. No. JH02S-9067. Petitioner was alleged to be apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been

Patna High Court CR. MISC. No.73454 of 2023(2) dt.29-11-2023 2/3 recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 28.08.2023.

In contra, learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail and submitted that petitioner was apprehended on spot. 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 Judge, Excise 1, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 1250 of 2023.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

Patna High Court CR. MISC. No.73454 of 2023(2) dt.29-11-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T