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Patna High CourtCR. MISC./16894/2023allowed

Pawan Poddar @ Pawan Poda v. The State Of Bihar

2023-04-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16894 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Pawan Poddar @ Pawan Poda Son Of Late Bijay Poddar Resident Of Village - Manshi (Karia), P.S.- Manshi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 191.7 litres of illicit liquor from an auto-rickshaw.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner was only the passenger to the

Patna High Court CR. MISC. No.16894 of 2023(2) dt.29-04-2023 2/2 auto-rickshaw. The petitioner has no concern either with the said vehicle or the recovered illicit liquor. The petitioner is languishing in custody since 26.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Katihar in connection with Balia Belon P.S. Case No. 148 of 2022.

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