Patna High CourtCR. MISC./84522/2023allowed

Shubham Kumar v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84522 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- AMBA District- Aurangabad ====================================================== Shubham Kumar Son Of Dwarika Sahu Resident Of Village - Tetriya Dih, P.S. - Lasliganj, District - Palamu (Jharkhand) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 34, 36 of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been apprehended with a vehicle bearing Registration no. JH01AJ-1020 from where, total 400 liters of spirit 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. He has got no criminal antecedent. Petitioner is only driver of the seized vehicle but he has no concern with the alleged recovery of illicit liquor. No any incriminating article

Patna High Court CR. MISC. No.84522 of 2023(2) dt.08-01-2024 2/2 has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 29.10.2023.

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

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Amba P.S. Case No. 242 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st Aurangabad.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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