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Patna High CourtCR. MISC./13250/2023allowed

Ashok Kumar @ Ashok Sonkar v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13250 of 2023 Arising Out of PS. Case No.-1120 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== ASHOK KUMAR @ ASHOK SONKAR S/O LATE SHOLA SONKAR Resident of Village- Takiya, Ward No.- 1, (Usuf Chak, Takiya), P.S.- Sasaram (Town), District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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 12 liters illicit country made liquor from bushes close to south railway line of Shankar College, and the petitioner is said to have apprehended on spot while he was trying to flee away.

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

Patna High Court CR. MISC. No.13250 of 2023(2) dt.25-04-2023 2/2 liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.12.2022. 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 Sasaram (Town) P.S. Case No. 1120 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 Excise Court No.2-cum-Additional District and Sessions Judge, Rohtas at Sasaram.

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