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Patna High CourtCR. MISC./18420/2023allowed

Prem Kumar v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18420 of 2023 Arising Out of PS. Case No.-623 Year-2022 Thana- KESARIA District- East Champaran ====================================================== PREM KUMAR SON OF UMESH DAS @ UMESH SAH R/O VILLAGEKESARIYA HAMIDPUR, P.S.- KESARIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 112.60 litres of illicit foreign liquor from a Tata Magis Vehicle bearing registration no. Br-06PD-4642 and petitioner and co-accused driver Deepak Kumar 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 got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question. He is

Patna High Court CR. MISC. No.18420 of 2023(2) dt.12-05-2023 2/2 languishing in judicial custody since 24.12.2022. Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, East Champaran, Motihari in connection with Kesariya P.S. Case No. 623 of 2022.

(Sunil Kumar Panwar, J) arish/- U