Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80074 of 2023 Arising Out of PS. Case No.-455 Year-2023 Thana- KOTWALI District- Munger ====================================================== Sourav Kumar Son Of Late Tarun Yadav R/O Village- Sherpur, P.O.- Basudeopur, P.S.- Kotwali (BASUDEOPUR), District- Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 1096.560 litres of IMFL from a Truck bearing Reg. No. RJ-11GB-5234, parked near a well at Sherpur Mohalla. Petitioner and others were alleged to be 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. Nothing

Patna High Court CR. MISC. No.80074 of 2023(2) dt.13-12-2023 2/2 incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, petitioner is languishing in judicial custody since 30.09.2023. 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 Exclusive Special Judge Excise II, Munger in connection with Kotwali (Basudeopur O.P.) P.S. Case No. 455 of 2023.

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