Umesh Kushwaha @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18439 of 2023 Arising Out of PS. Case No.-464 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Umesh Kushwaha @ Ramesh Kumar Son Of Baidhnath Prasad @ Baidhyanath Prasad Resident Of Village - Majhar, P.S.- Pakaridayal, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== 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 Sections 30(a), 32, 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 1358.64 litres of Indian made Foreign liquor from four vehicles.

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

Patna High Court CR. MISC. No.18439 of 2023(2) dt.12-05-2023 2/2 been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 31.01.2023.

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 Exclusive Special Excise Court No. 2, East Champaran, Motihari in connection with Madhuban P.S. Case No. 464 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T