Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13437 of 2023 Arising Out of PS. Case No.-595 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== GOVINDA KUMAR Son of Dharmnath Ray Resident of Village- Purana Panapur, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== 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 regular bail in a case registered for the offence punishable under sections 30(a), 41 Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 600 liters illicit liquor which was recovered from a vehicle bearing Reg. No. BR-01PN-9994 after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question

Patna High Court CR. MISC. No. 13437 of 2023(2) dt.05-05-2023 2/3 belongs to him. He has got no criminal antecedent. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Similarly situated co-accuse has already been granted bail by a coordinate Bench of this Court vide order dated 24.12.2022 passed in Cr. Misc No. 68118 of 2022. The petitioner is languishing in judicial custody since 07.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naubatpur P.S. Case No. 595 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 Excise Court, Danapur, Patna.

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

Patna High Court CR. MISC. No. 13437 of 2023(2) dt.05-05-2023 3/3