Pradeep Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8367 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== PRADEEP KUMAR @ GOLU S/O Sri Sikandar Chaudhary @ Sikandra Choudhari R/O Village- Saraiya, P.S- Rohtas (Amjor), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 215 liters of illicit liquor from a boat near Sone river and the petitioner is said to be fled away from the place of occurrence. 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.8367 of 2023(2) dt.02-05-2023 2/2 concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from conscious his conscious possession rather his name has been disclosed by the co-accused persons who were apprehended on spot. It is further submitted that the petitioner is languishing in judicial custody since 28.8.2022.

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 Rohtas (Amjor) P.S. Case No. 345 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 Court No.II, Rohtas at Sasaram.

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