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Patna High CourtCR. MISC./18836/2023allowed

Pawan Kumar Mishra v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18836 of 2023 Arising Out of PS. Case No.-59 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== PAWAN KUMAR MISHRA S/o Raju Mishra R/o Village- Jyoti Chauk Baipass Road, P.S.- Buxar, Distt- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 section 30(a) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 345.960 liters illicit liquor from a car bearing Reg. No. UP65CM-2021.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the owner of the alleged vehicle due to which he has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor any

Patna High Court CR. MISC. No.18836 of 2023(2) dt.17-05-2023 2/2 incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 18.01.2023. 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 Ramgarh P.S. Case No. 59 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, cum Special Judge, Excise-II, Kaimur at Bhabhua.

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