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Patna High CourtCR. MISC./18447/2023allowed

Kailash Kumar @ Kailash Ram v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18447 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== Kailash Kumar @ Kailash Ram S/O- Chandrika Modi Village- Laykhara PsKajra Dist- Lakhisarai Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Nityanand ====================================================== 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 is languishing in custody in a case registered for the offences punishable under Sections 30(a), 32(iii) of the Bihar Prohibition & Excise Act.

There is recovery of 42 litres of illicit liquor from the motorcycle.

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

Patna High Court CR. MISC. No.18447 of 2023(2) dt.12-05-2023 2/2 petitioner has no concern either with the seized illicit liquor or the motorcycle. The petitioner is languishing in custody since 23.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit Rs. 5000/- (Five Thousands) before District Legal Services Authority, Lakhisarai.

Considering the facts aforesaid and the period under custody, 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 Additional District & Sessions Judge-IV-cum-Special Excise Court, 1st, Lakhisarai in connection with Suryagarha P.S. Case No. 396 of 2022.

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