Patna High CourtCR. MISC./43488/2023allowed

Laxman Kumar v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43488 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== LAXMAN KUMAR Son of Ambika Sao @ Ambika Saw Resident of village - Tandwa, P.S. - Pratappur, Distt. - Chatra, Jharkhand, Pin - 825404 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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.

According to the FIR, prosecution case relates to recovery of 50 liters of illicit country made liquor from his bag and he is alleged to have apprehended on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the

Patna High Court CR. MISC. No.43488 of 2023(2) dt.21-07-2023 2/2 petitioner. It is also submitted that the petitioner is languishing in judicial custody since 26.4.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period 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 Raushanganj (Bankebazar) P.S. Case No. 115 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 Exclusive Excise Judge Court No.3, Gaya.

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