Vishal Kumar @ Middle v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13065 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- BEUR District- Patna ====================================================== Vishal Kumar @ Middle Son Of Umesh Sao R/O - Dev Asthan Bishunpur Pakri, P.S.- Beur, District - Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey For the Opposite Party/s :
Mr.Binod Kumar ====================================================== 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(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 200 litres of country made liquor which was being hidden by the petitioner and others.
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
Patna High Court CR. MISC. No.13065 of 2023(2) dt.05-05-2023 2/3 alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 06.01.2023. Similarly situated co-accused person has been granted bail vide order dated 28.04.2023, passed in Cr. Misc. No. 14564 of 2023 by this Court. 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 Special Judge Excise,
Patna High Court CR. MISC. No.13065 of 2023(2) dt.05-05-2023 3/3 Patna Sadar, Patna in connection with Beur P.S. Case No. 15 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T