Patna High CourtCR. MISC./13403/2023allowed

Santosh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13403 of 2023 Arising Out of PS. Case No.-541 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Santosh Kumar S/O Birja Yadav R/V- Narayanpur, P.S.- Jagdishpur, DistrictBhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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(c), 30(d) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 5 litres of country made liquor from the bank of 'Cherr' river. 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. The name of petitioner sprang up in this case on suspicion Neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.13403 of 2023(2) dt.05-05-2023 2/2 incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 09.01.2023.

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 as well as period under custody, 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 Excise Court NO. 1, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 541 of 2021.

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