Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1438 of 2023 Arising Out of PS. Case No.-979 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== SUDHIR KUMAR Son of Late Devendra Rai Resident of Mohalla - Kila Ghat, P.S.- Chowk, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Patna Excise P.S. Case No.979 of 2022 dated 21.10.2022 registered for the offences punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2022. 3.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of 100 litres of country made wine and the same is stated to have been recovered from the petitioner's motorcycle and the petitioner has fair and clean antecedent and has been languishing in jail since 22.10.2022 and the seizure list witnesses are not independent persons and petitioner is not

Patna High Court CR. MISC. No.1438 of 2023(2) dt.21-04-2023 2/2 owner of the alleged motorcycle and he was arrested only on suspicion.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly the petitioner's young age mentioned in the petition and his fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Patna Excise P.S. Case No.979 of 2022. (Shailendra Singh, J) sangam/- U T