Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18266 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Upendra Kumar Son Of Late Indrasan Rai Village- Sundrapur Ward No-2, Musahari Ps- Kesariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Arun 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 is languishing in custody in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 90 litres of illicit country made liquor from a 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.18266 of 2023(2) dt.12-05-2023 2/2 petitioner has no concern either with the seized motorcycle or the illicit liquor. The petitioner is languishing in custody since 13.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Exclusive Special Judge, Excise Court No. 2, East Champaran, Motihari in connection with Kasariya P.S. Case No. 18 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T