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Patna High CourtCR. MISC./2066/2023allowed

Mausam Kumar v. The State Of Bihar

2023-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2066 of 2023 Arising Out of PS. Case No.-60 Year-2020 Thana- BAUNSI District- Banka ====================================================== Mausam Kumar Son Of Shri Ashok Kumar Resident Of Village- Jirba, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 797.4 litres of illicit liquor from a pick-up van.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the seized vehicle. The

Patna High Court CR. MISC. No.2066 of 2023(2) dt.11-01-2023 2/2 petitioner has no concern with the recovery of seized illicit liquor. The name of the petitioner sprang up on the confessional statement of apprehended accused person. The petitioner is languishing in custody since 10.10.2022.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge, Banka in connection with Special Excise Case No. 154(A)/2020, arising out of Bounsi P.S. Case No. 60 of 2020.

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