Patna High CourtCR. MISC./18390/2023allowed

Munna 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.18390 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Munna Kumar S/O Late Tuntun Prasad @ Late Tuntun Ram R/O MohallaTekari Road, Fatehganj, P.S- Kotwali, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== 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 379, 411 of the Indian Penal Code and Section 37 of the Bihar Prohibition & Excise Act.

As per allegation in the F.I.R, a motorcycle is said to have been stolen which was later on recovered from the possession of the petitioner who had consumed liquor at the time of his arrested.

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

Patna High Court CR. MISC. No.18390 of 2023(2) dt.12-05-2023 2/2 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was found in drunken condition and due to some argument with the police, the petitioner has been roped in the commission of recovery of stolen motorcycle from his possession. The petitioner is languishing in custody since 04.01.2023.

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 Special Judge, Excise Court No. 1, Gaya in connection with Bodhgaya P.S. Case No. 06 of 2023.

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