Parmanand Kumar @ Paro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48538 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== PARMANAND KUMAR @ PARO S/O NATHUNI BIND @ NATHUNI MAHTO R/O Village- Khawa, Bind Toli, P.S- Mednichowki, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32(ii) (iii) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 39.375 of illicit foreign liquor from a vehicle bearing registration no. BR46B-7475 and the petitioner was said to be driver who arrested on spot.

4. 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 was only driver of the said vehicle but

Patna High Court CR. MISC. No.48538 of 2023(2) dt.04-08-2023 2/2 he has no concern with the alleged recovery of illicit liquor or vehicle in question. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police officials not a single independent witness which violates section 100 of Cr.P.C. The petitioner is languishing in judicial custody since 24.5.2023.

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

6. 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 Mednichowki P.S. Case No. 72 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 Additional Sessions Judge-V-cumExclusive Special Court No.2, Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) amandeep/- U T