Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3554 of 2023 Arising Out of PS. Case No.-117 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== SUNIL KUMAR Son of Late Kailash Singh @ Bhuttu Singh R/vSahdullahpur, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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), 32(ii), 38(i), 41(i) of the Bihar Prohibition and Excise Act. The prosecution story, in brief, is that the police party reached at Vaishali brick Kiln after getting secret information then the accused persons tried to flee away but one of them was arrested on spot who disclosed the name of the petitioner. Upon search, huge quantity of 4457.1 liters foreign liquor was recovered from three vehicles.

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.

Patna High Court CR. MISC. No.3554 of 2023(2) dt.04-04-2023 2/2 Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question rather the name of the petitioner has come into light on the basis of confessional statement of apprehended co-accused namely, Vinod Kumar. Nothing incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 23.11.2022. 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 Ganga Bridge P.S. Case No. 117 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur.

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