Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75304 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== AMIT KUMAR S/O KRISHN @ KRISHNA Resident of village- Jasrana, P.S.- Gohna, District- Sonipat (Hariyana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 199.260 litre of IMFL from dickey of the alto car and two persons were arrested on spot including the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. Similarly situated other accused person has already been

Patna High Court CR. MISC. No.75304 of 2022(3) dt.22-03-2023 2/2 enlarged on bail by another coordinate Bench of this Court vide order dated 3.2.2023 passed in Cr. Misc. No. 67595 of 2022. Petitioner is languishing in judicial custody since 20.07.2022. Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-2, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 152 of 2022. (Sunil Kumar Panwar, J) sushma/- U