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Patna High CourtCR. MISC./7115/2023allowed

Sahil Kumar v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7115 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Sahil Kumar Son Of Munna Thakur R/O Mohalla- Gulbighat, P.S- Sultanganj, Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 90 litres of country made liquor from open place.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 13.10.2022. A

Patna High Court CR. MISC. No.7115 of 2023(2) dt.01-05-2023 2/2 statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Patna City(Patna) in connection with Sultanganj P.S. Case No. 374 of 2022.

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