Patna High CourtCR. MISC./43922/2023allowed

Balmiki Kumar @ Balmiki Mandal v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43922 of 2023 Arising Out of PS. Case No.-411 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Balmiki Kumar @ Balmiki Mandal Son Of Chandradeo Mandal Resident Of Village- Raghunathpur, Ps- Bariarpur, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 111.690 liters of Indian made Foreign Liquor from a car and the petitioner was apprehended from the car along with Arun Kumar Mandal.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is neither

Patna High Court CR. MISC. No.43922 of 2023(3) dt.23-08-2023 2/2 owner nor driver of the aforesaid seized vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 07.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 411 of 2023.

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