Amar Kanjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17890 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Amar Kanjar S/O Lalan Kanjar R/O Village- Sapta Ward No. 4, P.S- Rahika, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== 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 prayed for regular bail in connection with Madhubani Town P.S. Case no. 02 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 270 liters illicit liquor from the four wheeler vehicle bearing Reg. No. WB20H-8356. It is further alleged that the petitioner was apprehended on the spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.17890 of 2023(2) dt.12-05-2023 2/3 committed no offence. The petitioner was the driver of the alleged vehicle due to which he has falsely been implicated in this present case. He has got no criminal antecedent. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him rather it belongs to coaccused, namely, Rahul Kumar. No any incriminating article has been recovered from his physical possession. The petitioner is languishing in judicial custody since 04.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 30,000/- (Thirty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhubani Town P.S. Case No. 02 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.17890 of 2023(2) dt.12-05-2023 3/3 amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manishkumar/- U T