Asmit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84339 of 2023 Arising Out of PS. Case No.-441 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Asmit Kumar S/o Shyam Sunder Singh Resident of Village - Basdhiya, P.S.- Dalsingh Sarai, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(i)(ii) and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 135.06 liters of illegal liquor from Swift Desire Car, which was driven by the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. He submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated

Patna High Court CR. MISC. No. 84339 of 2023(2) dt.05-01-2024 2/2 23.11.2023 passed in Cr. Misc. No. 73419 of 2023. He is languishing in judicial custody since 12.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Special Judge, Excise-II, Bhagalpur in connection with Sabour P.S. Case No. 441 of 2023. (Sunil Kumar Panwar, J) Arish/- U T