Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16003 of 2023 Arising Out of PS. Case No.-627 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Laddu Kumar Son Of Prem Mahato R/O Village- Kalibagh, Harnath School, P.S.- Bettiah Town (Kalibagh Op), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 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 382, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 16.14 liters of illicit liquor from a motorcycle and the the accused persons including the petitioner are alleged to be carried the liquor through said motorcycle but they were apprehended on spot. 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. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.16003 of 2023(2) dt.10-05-2023 2/2 petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. 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 18.11.2022.

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 as well as the recovery of liquor is meagre in quantity, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 627 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 Judge Excise Bettiah, West Champaran.

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