Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4220 of 2023 Arising Out of PS. Case No.-258 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== Prakash Kumar Son Of Chandradeo Prasad R/O Village- Chhajan Pasarwara, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per FIR, the informant got secret information that one Ramesh Sah is bringing illicit liquor by pick-up van, thereafter, the informant along with police personnel reached there and seized total 588.240 liters illicit liquor from the said pick-up van bearing Registration No. BR06GC-7271. 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 on the basis of suspicion. It is further submitted vide para 8 of the

Patna High Court CR. MISC. No.4220 of 2023(2) dt.05-04-2023 2/2 petition that the petitioner is owner of the said seized vehicle which has already been sold on 23.7.2019 to the co-accused Ramesh Kumar Sah, much prior to the alleged occurrence and in support of this annexed-2 has been Annexed with the petition. Petitioner has no concern with the alleged recovery of illicit liquor or with the co-accused persons and nothing incriminating article has been recovered from his conscious possession possession. Moreover, the petitioner is languishing in judicial custody since 16.3.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maniyari P.S. Case No. 258 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No.II, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U