Mrityunjay Kumar @ Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10780 of 2023 Arising Out of PS. Case No.-133 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== MRITYUNJAY KUMAR @ MRITUNJAY KUMAR S/O DAYARAM YADAV @ SAROVAR YADAV Resident of Village- Bhatwan Tole Rahi P.S.- Hasanpur District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 882 liters illicit liquor from two vehicles and the petitioner is said to be involved in the illegal trade of liquor.

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. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question. Neither the petitioner is

Patna High Court CR. MISC. No.10780 of 2023(2) dt.19-04-2023 2/2 arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name came into light on the basis of disclosure made by co-accused persons who were apprehended on spot. It is further submitted that the petitioner is languishing in judicial custody since 6.1.2023. 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 Hasanpur P.S. Case No. 133 of 2020 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-1, Samastipur.

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