Haresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5247 of 2024 Arising Out of PS. Case No.-445 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Haresh Prasad Son Of Dhuman Prasad Resident Of Village - Madhopur, P.S. - G.B. Nagar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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), 34, 36 of the Bihar Prohibition & Excise Act.

There is recovery of 40 litres of illicit country made liquor from the house of the petitioner. 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

Patna High Court CR. MISC. No.5247 of 2024(2) dt.07-02-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 07.12.2023. 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 Excise Court No.-1, Siwan in connection with G.B. Nagar P.S. Case No. 445 of 2023.

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