Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8336 of 2023 Arising Out of PS. Case No.-76 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== Sunil Kumar Son Of Late Kailash Singh @ Bhuttu Singh R/V- Sahdullahpur, 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 15-05-2023 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 1816.200 litres of I.M.F.L. from the Banana orchad. Co-accused Gayan Choudhary has been apprehended on spot, who disclosed the name of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.8336 of 2023(3) dt.15-05-2023 2/3 has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 23.11.2022.

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 as well as period under custody, 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 Exclusive Special Excise Court No. 1-cum-

Patna High Court CR. MISC. No.8336 of 2023(3) dt.15-05-2023 3/3 Additional District & Sessions Judge, Vaishali, Hajipur in connection with Ganga Bridge P.S. Case No. 76 of 2018. (Sunil Kumar Panwar, J) Nirajkrs/- U T