Patna High CourtCR. MISC./30073/2023allowed

Ashutosh @ Deepak Kumar v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30073 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Ashutosh @ Deepak Kumar Son Of Mohan Prasad Yadav R/O VillageBharat Wagaon Road, Near Bijli Office, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 410.19 liters of illicit liquor from the go-down.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came into light in this case on the basis of confessional statement of other apprehended co-accused person, namely, Mithilesh Kumar before the police. The petitioner has no concern either with the seized liquor or with the place in

Patna High Court CR. MISC. No.30073 of 2023(2) dt.09-05-2023 2/2 question. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.02.2023.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No. 134 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Exclusive Excise Judge, Patna.

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