Kuldeep @ Kuldeep Sharma @ Kuldeep Bhardwaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1430 of 2023 Arising Out of PS. Case No.-206 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== KULDEEP @ KULDEEP SHARMA @ KULDEEP BHARDWAJ SON OF BHAGIRATH SHARMA R/O FLAT NO.40/1-A2, BLOCK DHARMAPURA, NAJAFGARH, P.S.- NAJAFGARH, DISTRICT- SOUTH WEST DELHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 4293 litres of I.M.F.L. from a truck bearing registration number BR-06GB-1698. Two persons were apprehended. It is further alleged that petitioner has handed over the said truck to the apprehended persons and asked them to carry to Darbhanga.
Patna High Court CR. MISC. No.1430 of 2023(2) dt.28-03-2023 2/3 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 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 14.10.2022.
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, 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
Patna High Court CR. MISC. No.1430 of 2023(2) dt.28-03-2023 3/3 to the satisfaction of the learned Special Judge Excise No. 2, Darbhanga in connection with Manigachhi P.S. Case No. 206 of 2021.
(Sunil Kumar Panwar, J) nirajkrs/- U