Patna High CourtCR. MISC./82745/2023allowed

Vimlesh Kumar @ Bimlesh Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82745 of 2023 Arising Out of PS. Case No.-343 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Vimlesh Kumar @ Bimlesh Kumar Son Of Dev Narayan Mahto Resident Of Village - Mathurapur Ward No.12, P.S. - Warisnagar (MATHURAPUR O.P.), District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 338.4 litres of IMFL from a car bearing Reg. No. BR-01FU-1174. Petitioner was apprehended on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. He is only passenger of the aforesaid car and took lift in it. Nothing

Patna High Court CR. MISC. No.82745 of 2023(2) dt.20-12-2023 2/2 incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 26.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 II, Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 343 of 2023.

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