Patna High CourtCR. MISC./70981/2022allowed

Vinay 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.70981 of 2022 Arising Out of PS. Case No.-856 Year-2022 Thana- FATUA District- Patna ====================================================== Vinay Kumar Son Of Jageswar Rai R/V- Bankipur, Gorakh, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== 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), 36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1030.08 litres of IMFL from pickup van. Driver of the pickup van and petitioner were arrested on spot. Petitioner is driving motorcycle bearing registration No. BR-01FU-2130. 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

Patna High Court CR. MISC. No.70981 of 2022(2) dt.06-01-2023 2/2 recovery. Petitioner is arrested merely on the basis of suspicion, as he was talking with the alleged pick-up van's driver. Petitioner is languishing in judicial custody since 25.11.2022.

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 Special Judge Excise, Patna City in connection with Fatuha P.S. Case No. 856 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U