Patna High CourtCR. MISC./86555/2023allowed

Sunny Kumar v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86555 of 2023 Arising Out of PS. Case No.-1940 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Sunny Kumar S/o- Late Krishna Sahani @ Krishna Sahni R/o Vill- Bhatahan, P.O- Pataura, P.S- Mufassail Motihari, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 126 liters Nepali country made liquor from an auto.

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 merely on the basis of suspicion. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has

Patna High Court CR. MISC. No.86555 of 2023(2) dt.12-01-2024 2/2 been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise Motihari P.S. Case No. 1940 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 Exclusive Special Excise Judge-II, East Champaran at Motihari.

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