Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9250 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== GOVIND KUMAR Son of Awadhesh Ray @ Abadh Prasad Resident ofKatra Bazar, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 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 sections 30(a), 36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 500 liters of country made liquor from a Hundai Santro car bearing Registration no. BR01AW-9484 and the petitioner is said to be arrested on spot.

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. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no

Patna High Court CR. MISC. No.9250 of 2023(3) dt.15-05-2023 2/2 concern with the alleged recovery of illicit liquor or with the vehicle in question rather the petitioner is only passerby who was arrested by the police on the basis of suspicion. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 7.11.2022. 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 period of 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 Didarganj P.S. Case No. 297 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Patna City (Patna).

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