Patna High CourtCR. MISC./17871/2023allowed

Manish Kumar @ Bittu 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.17871 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Manish Kumar @ Bittu Kumar S/O Raj Nath Yadav R/O Village- Tumba , Ward No. 7 , P.S- Rohtas , Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== 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 regular bail in a case registered for the offence punishable under section 30(a) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 279 liters country made liquor from a Hundai car bearing Reg. No. WB06-5625.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. He has got

Patna High Court CR. MISC. No.17871 of 2023(2) dt.12-05-2023 2/2 no criminal antecedent. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 09.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Durgawati P.S. Case No. 30 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum Special Judge Excise-II, Kaimur at Bhabhua.

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