Samresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1314 of 2024 Arising Out of PS. Case No.-331 Year-2023 Thana- PARAIYA District- Gaya ====================================================== Samresh Kumar S/O Late Awadhesh Singh Village Phurhariya Ps Paraiya Dist Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Paraiya P.S. Case no. 331 of 2023 registered under sections 30(a), 32(II), 41(I)(II) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, one Kamlesh Kumar was arrested and a total quantity of 968 litres of IMFL was recovered. It is further stated that on inquiry he disclosed that he is the owner of the truck and the liquor had been loaded on the truck by co-accused Ravi and Santosh at Haryana. He further disclosed that he along with his brother, the petitioner herein are involved in sale of liquor.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R itself it would be evident that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.1314 of 2024(2) dt.18-01-2024 2/2 incriminating article recovered from his possession. He has no concern with the allegedly seized articles nor with the vehicle in question. He is in custody since 6.12.2023 and has no antecedent under the Bihar Prohibition and Excise Act, 2016. The only material against the petitioner is the confessional statement of the co-accused, his brother, made before police.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, no incriminating article having been recovered from his possession, the petitioner being in custody since 6.12.2023 and not having antecedent under Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Paraiya P.S. Case no. 331 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-cum-Exclusive Special Excise Court no. 2, Gaya.

(Partha Sarthy, J) Harsh/- U T