Patna High CourtCR. MISC./41004/2023allowed

Vikash Kumar v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41004 of 2023 Arising Out of PS. Case No.-377 Year-2023 Thana- BIHTA District- Patna ====================================================== VIKASH KUMAR Son of Dinesh Kumar Resident of village - Kanhauli, P.O.- Bazitpur, P.S.- Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 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 Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 270 liters of illicit country made liquor from the car and this petitioner is said to be the passenger of the said car.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that he has no concern either with the recovered illicit liquor or with this alleged offence. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that a

Patna High Court CR. MISC. No.41004 of 2023(2) dt.14-07-2023 2/2 statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.04.2023. 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 Bihta P.S. Case No. 377 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 Special Excise Judge, Danapur.

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