Patna High CourtCR. MISC./1636/2023bail granted

Pintu Kumar v. The State Of Bihar

2023-04-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1636 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- GURUA District- Gaya ====================================================== Pintu Kumar, S/o Ramanuj Mehta ,R/v- Jaipur, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023

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

2. Petitioner seeks regular bail in connection with Gurua P.S. Case No. 451 of 2022 dated 19.11.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Prosecution's case relates to recovery of total 35 litres of country made liquor with apparatus used in manufacturing liquor from the kiln (bhatti) of this petitioner.

4. The main submissions advanced by the learned counsel for the petitioner are that no incriminating article has been recovered from the conscious possession of the petitioner, neither he has been arrested at the spot, seized articles are said to have been recovered near the mountain and the name of the

Patna High Court CR. MISC. No.1636 of 2023(2) dt.24-04-2023 2/2 petitioner has not been disclosed by any independent witness supporting the case of the prosecution and in the absence of petitioner seizure was made and he has been falsely implicated by the police in the present case and he has been languishing in jail since 20.11.2022 and a similarly situated co-accused person namely, Sanoj Bhuiya has been granted bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. No. 1442 of 2023.

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

6. Considering the above submissions advanced by learned counsel for the petitioner, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Gurua P.S. Case No. 451 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T