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Patna High CourtCR. MISC./24246/2024allowed

Alok Kumar v. The State Of Bihar

2024-05-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24246 of 2024 Arising Out of PS. Case No.-226 Year-2022 Thana- DANIYAWAN District- Patna ====================================================== Alok Kumar S/O Deenanath Singh @ Singh @ Deenath Singh R/O VillageChechar Ward No.- 01, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 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), 32(2)(3)/36 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 259.56 liters foreign made liquor which was recovered from a pickup van bearing Reg. No. BR31GC-0959. Learned counsel for the petitioner submit that

Patna High Court CR. MISC. No.24246 of 2024(2) dt.15-05-2024 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged seized vehicle or the illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 04.02.2024.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daniyawana P.S. Case No. 226 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.24246 of 2024(2) dt.15-05-2024 3/3 two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna City.

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