Keshwar Das @ Peshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34579 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== KESHWAR DAS @ PESHWAR KUMAR Son of Dukha Das Resident of village - Lowkhan Tola, Koraiya, P.S.- Ghorasahan, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ghorasahan P.S. Case No. 580 of 2022 dated 29.10.2022 registered for the offences punishable u/ss 30(a) and 41(i) of the Bihar Prohibition and Excise Act. As per the prosecution case, 171.600 litres of illicit Nepali liquor is said to have been recovered from the bamboo orchard of the petitioner.

Patna High Court CR. MISC. No.34579 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner has no concern with the alleged recovery of liquor. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.02.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 580 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T