Patna High CourtCR. MISC./79990/2023allowed

Surendra @ Surendra Kumar v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79990 of 2023 Arising Out of PS. Case No.-155 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== SURENDRA @ SURENDRA KUMAR SONOF MAHENDRA SINGH R/O VILLAGE- KHORSHI, P.S.- SAHJAHAPUR, DIST.- ALWAR (RAJASTHAN) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, one truck bearing registration no. RJ02GA-5598 was intercepted by police personnel from where, 4224.600 liters of illicit liquor was recovered.

4. 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. The petitioner is only owner of the seized truck.

Patna High Court CR. MISC. No.79990 of 2023(2) dt.13-12-2023 2/2 Neither he was arrested on spot nor he has any concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. It is also submitted that the petitioner is languishing in judicial custody since 11.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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. 155 of 2018 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 and Sessions Judge, Vaishali at Hajipur.

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