Sunil Kumar @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80386 of 2023 Arising Out of PS. Case No.-567 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Sunil Kumar @ Sunil Rai Son Of Umesh Ray Resident Of Village - Madhuban, P.S. - Kanti, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Learned counsel for the petitioner is permitted to correct the custody period which is mentioned in Para-13 of the petition.

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

3. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

4. As per FIR, prosecution case relates to recovery of 808.560 liter illicit foreign made liquor from the house of co-accused.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.80386 of 2023(2) dt.14-12-2023 2/2 present case merely on the basis of confessional statement of co-accused persons who disclosed that the petitioner had brought the alleged liquor. The petitioner has no concern with the alleged recovery and he was also not apprehended from the place of recovery. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.06.2023.

6. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 567 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-II, Muzaffarpur.

(Sunil Kumar Panwar, J) manishkumar/- U T