Sanju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85027 of 2023 Arising Out of PS. Case No.-681 Year-2023 Thana- Excise P.S. District- Buxar ====================================================== SANJU KUMAR SON OF PERMESHWAR MAHTO RESIDENT OF VILLAGE - SOUTH MANDIRI (NORTH MANDIRI) P.S. - BUDHA COLONY, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 213.480 litres of Indian made foreign liquor from a car bearing Reg. No. BR-01BC-9957. Petitioner is alleged be the driver of the aforesaid vehicle and apprehended on spot.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.85027 of 2023(2) dt.10-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern in any manner from the alleged recovered illicit liquor. It is submitted by para 10 of the petition that owner of the vehicle is Chandan Kumar. Moreover, the petitioner is languishing in judicial custody since 06.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P. appearing for State vehemently opposed the prayer of bail and submitted that petitioner was driving the aforesaid vehicle and he was apprehended on spot.

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.85027 of 2023(2) dt.10-01-2024 3/3 to the satisfaction of the learned Special Excise Court No. II, Buxar in connection with Excise P.S. (Buxar) Case No. 681 of 2023.

The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T