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Patna High CourtCR. MISC./16687/2023allowed

Anshul Kumar v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16687 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- CHANDAN District- Banka ====================================================== ANSHUL KUMAR S/O MAHESH SINGH Resident of Village- Telan Jokia @ Telan Jogiya, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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.

The prosecution case relates to recovery of total 69.12 liters illicit wine, which was recovered from a car bearing Reg. No. BR-0PA2503. It is further alleged that two mobiles and cash of total 10,000 were also recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.16687 of 2023(2) dt.03-05-2023 2/2 suspicion, while he was waiting for vehicle in the meantime police arrested him. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. The petitioner is languishing in judicial custody since 13.01.2023.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandan P.S. Case No. 08 of 2023 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-II, Banka.

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