Patna High CourtCR. MISC./4095/2024allowed

Piltush Kumar @ Pintu Kumar v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4095 of 2024 Arising Out of PS. Case No.-1309 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Piltush Kumar @ Pintu Kumar SON OF Mohan Mandal RESIDENT OF VILLAGE- MATHURAPUR, PS- NATH NAGAR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Mandal For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 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 Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 118.875 litres of illicit Indian made foreign liquor from a car and petitioner was apprehended from the spot.

It is submitted by learned counsel for the 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. The

Patna High Court CR. MISC. No.4095 of 2024(2) dt.06-02-2024 2/2 petitioner was only a passenger of the car and he has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 23.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, 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 Exclusive Special Judge-I, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 1309 of 2023.

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