Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.104 of 2023 Arising Out of PS. Case No.-718 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Sudhir Kumar Son Of Suraj Lal Yadav R/O Village- Gundi, P.S.- Krishnagarh, District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 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 200 litres of country made liquor from a Tempo bearing registration number BR-03P-8013.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner has no concern either with the seized illicit

Patna High Court CR. MISC. No.104 of 2023(2) dt.29-03-2023 2/3 liquor or with the Tempo in question. He is only a passenger of the said Tempo. There is no independence witness of the alleged seizure, which violates the Section 100 of Cr.P.C. Moreover, the Petitioner is languishing in judicial custody since 21.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are 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 Exclusive Special Excise Judge II, Bhojpur, Ara in connection with Koilwar (Gidha O.P.) P.S. Case No. 718 of 2022.

The petitioner is directed to deposit a sum of Rs. 10,000/-(RupeesTen Thousands) in the concerned District Legal Services Authority.

Patna High Court CR. MISC. No.104 of 2023(2) dt.29-03-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) nirajkrs/- U T