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Patna High CourtCR. MISC./18670/2023allowed

Naru Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18670 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Naru Rai Son Of Bhola Rai Resident Of Village- Masumganj , Ps- Bhagwan Bazar, Distt- Saran, Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== 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 has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per FIR, the prosecution case relates to recovery of total 100 liters illicit liquor from an auto and from a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor he was apprehended on the spot. He has got no criminal antecedent. It is further

Patna High Court CR. MISC. No.18670 of 2023(2) dt.17-05-2023 2/2 submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 07.01.2023.

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 Bhagwan Bazar P.S. Case No. 569 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court Saran at Chapra.

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