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Patna High Court/16396/2023allowed

Pappu Kora @ Pappu Kumar v. The State Of Bihar

2023-05-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16396 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Pappu Kora @ Pappu Kumar Son Of Sita Ram Koda Resident Of Village - Kachhua, P.S. - Chanan, Distt. - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== 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 30(a), (b)(c) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 195 liters country made mahua liquor which was recovered near Daldalia Pahari Forest.

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 any incriminating article has been recovered from his conscious possession. It

Patna High Court CR. MISC. No.16396 of 2023(2) dt.10-05-2023 2/2 is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. Moreover the petitioner is languishing in judicial custody since 30.11.2022.

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 Chanan P.S. Case No. 25 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 Additional District and Sessions Judge-Ivth-cum-Special Excise CourtIst, Lakhisarai. (Sunil Kumar Panwar, J) Manish/- U T