Kampani Kumar @ Kampani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15615 of 2023 Arising Out of PS. Case No.-332 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Kampani Kumar @ Kampani Yadav Son Of Hare Ram Yadav Resident Of Village Rariyauna, Ps Nowkothi Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of a huge quantity of total 2964 liters of illicit foreign liquor from a truck bearing Registration no. BR11L-8911.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather has falsely been implicated in this present case on the basis of his tower location. Petitioner is neither owner nor driver of the seized

Patna High Court CR. MISC. No.15615 of 2023(2) dt.09-05-2023 2/2 vehicle and he has also no concern with the alleged recovery of illicit liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 17.11.2023. 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 Bakhari P.S. Case No. 332 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 Exclusive Special Excise Court No.2, Begusarai.

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