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Patna High CourtCR. MISC./18354/2023allowed

Rakesh 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.18354 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rakesh Kumar Son Of Chaturbhuj Singh Village- Baghi Ps- Samastipur DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== 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 30(a), 32, 36, 41 of the Bihar Prohibition & Excise Act.

There is recovery of 883.08 litres of illicit Indian Made Foreign Liquor from a pick-up-van. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.18354 of 2023(2) dt.12-05-2023 2/2 petitioner has no concern either with the seized pick-upvan or the illicit liquor. The petitioner is languishing in custody since 16.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Special Excise Judge, 1st, Samastipur in connection with Musarigharari P.S. Case No. 09 of 2023.

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