Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4770 of 2023 Arising Out of PS. Case No.-676 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== SUNNY KUMAR Son of lalbabu Mahto @ Lallu Mahto Resident of Mohalla Belbarganj, P.s- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular 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 total 150 liters illicit country made liquor from Samudaik Sauchalya Bhawan, Belwarganj.

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 present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from his possession. A statement has

Patna High Court CR. MISC. No.4770 of 2023(2) dt.06-04-2023 2/2 been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that seizure list has not been prepared by the police officials according to law. Moreover, the petitioner is languishing in judicial custody since 1.9.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Alamganj P.S. Case No. 676 of 2022 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, Patna City.

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