Patna High CourtCR. MISC./8574/2023allowed

Bikash Kumar v. The State Of Bihar

2023-04-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8574 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== BIKASH KUMAR Son of Raj Kumar Sah @ Raj Kumar Resident of Village - Hanuman Nagar, P.S.- Barhara Kothi, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr. Kanhaiya Kishore (App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 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 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 94.5 liters illicit foreign liquor from dicky of a Hundai car bearing registration No. BR11-AW-0646.

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 concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.8574 of 2023(2) dt.17-04-2023 2/2 vehicle in question from where the recovery has been made. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 1.12.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sabour P.S. Case No. 529 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 Special Judge Exclusive Court No.2, Bhagalpur.

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