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Patna High CourtCR. MISC./17682/2023allowed

Lakhendra Prasad @ Lakhindra Kumar @ Lakhindra Prasad v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17682 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Lakhendra Prasad @ Lakhindra Kumar @ Lakhindra Prasad Son Of Kishun Bhagat Resident Of Village - Kharika, P.S.- Minapur (Panapur O.P.), District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== 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 30(a), 32(i)(ii), 36, 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 578.235 litres of Indian Made Foreign Liquor from a pick up van bearing registration number BR-01GL-8143 and car bearing Reg. No. CH-04C-6739.

Patna High Court CR. MISC. No.17682 of 2023(2) dt.12-05-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery, place of occurrence or with the vehicles in question. The name of petitioner sprang up in this case on the basis of secret information. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 12.01.2023.

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 as well as period under custody, 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

Patna High Court CR. MISC. No.17682 of 2023(2) dt.12-05-2023 3/3 of the learned Special Judge, Excise Court No. II, Muzaffarpur in connection with Kanti P.S. Case No. 12 of 2023.

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