Devrishi Kumar @ Rishi Kumar @ Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21111 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Devrishi Kumar @ Rishi Kumar @ Pandit, Son Of Rajbali Rai Resident Of Village - Gadhochak, P.S. - Fathua, Distt. - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 22.5 litre of liquor recovered from a back, being carried on a motorcycle and the accused persons fled. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the motorcycle does not belong to the petitioner and he came to be implicated at the instance of local people, but then

Patna High Court CR. MISC. No.21111 of 2023(2) dt.15-05-2023 2/2 the F.I.R. does not disclose the name of the local people, who disclosed the name of the petitioner which cast aspersion on the veracity of the prosecution case.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City, Patna in connection with Nadi P. S. Case No.14 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T