Patna High CourtCR. MISC./17684/2023allowed

Vinod Kumar @ Binod 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.17684 of 2023 Arising Out of PS. Case No.-254 Year-2022 Thana- KISHUNPUR District- Supaul ====================================================== Vinod Kumar @ Binod Kumar Son Of Sri Sikendra Yadav @ Sikend Yadav Resident Of Village- Mehasimar, Ward No. 11, Ps- Kishanpur, DistrictSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== 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) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 184.8 litres of Nepali liquor from open place.

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 or with the place of occurrence. The name of petitioner transpired in this case on the instance of local residents of that area. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.17684 of 2023(2) dt.12-05-2023 2/2 spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 30.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 of the learned Exclusive Special Judge, Excise Court No. I, Supaul in connection with Kishanpur P.S. Case No. 254 of 2022.

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