Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74899 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== SUDHIR KUMAR SINGH SON OF SITARAM SINGH @ SITA RAM SINGH R/O VILLAGE- MADHURAPUR, P.S.- GORAUL, DISTRICTHAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghaw Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 225 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 286.560 liters of illicit liquor from a pick-up van and the petitioner is stated to have been arrested from the spot as also he is stated to be the driver of the said pick-up van.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.74899 of 2022(2) dt.10-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 12.11.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one another case, but he is on bail in the said case. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 12 of the present petition that the petitioner is merely the driver of the pick-up van in question and he is not the owner of the pickup van, hence, he was not having any knowledge about the consignment loaded on the said pick-up van.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I

Patna High Court CR. MISC. No.74899 of 2022(2) dt.10-02-2023 3/3 deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge-IV cum Exclusive Special Excise Court-II, Gopalganj in connection with Gopalpur P.S. Case No. 225 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T