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Patna High CourtCR. MISC./27333/2023allowed

Indra Kumar v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27333 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Indra Kumar Son Of Dashrath Yadav R/O Village- Bhachhi Asli, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(A) of the Bihar Prohibition & Excise Act.

There is recovery of 414.70 litres of illicit liquor from a vehicle. The petitioner was arrested along with the driver.

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

Patna High Court CR. MISC. No.27333 of 2023(2) dt.26-04-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the recovery of illicit liquor or the vehicle in question. The petitioner is languishing in custody since 05.09.2022. 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 Additional District & Sessions Judge-IV-cum-Exclusive Special Excise CourtII, Gopalganj in connection with Gopalganj Excise Case No. 176 of 2022.

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