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Patna High CourtCR. MISC./18887/2023allowed

Deepak Kumar v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18887 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Deepak Kumar S/O Kali Ram Resident Of Village-Nidani, P.S.-Jind, DistrictJind (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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, 420, 120(B) of the Indian Penal Code and Sections 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 540 litres of illicit Indian made foreign liquor from the house of co-accused Raj Narayan Jha @ Raju Jha.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.18887 of 2023(2) dt.17-05-2023 2/2 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure or the illicit liquor. The petitioner is languishing in custody since 20.01.2023.

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 Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No. 05 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T