Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41586 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Dev Kumar Son Of Sri Ganesh Ram Resident Of Kazipur, Road No.2, P.S. - Kadamkuan, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== 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 sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner was apprehended on the spot and 80 liters country made liquor was recovered from two bags of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.41586 of 2023(2) dt.14-07-2023 2/2 recovery and nothing incriminating article has been recovered from his conscious possession rather it was recovered from a petrol pump. It is further submitted the petitioner is languishing in judicial custody since 20.02.2023.

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 Kadamkuan P.S. Case No. 97 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 Court Patna.

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