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Patna High CourtCR. MISC./55462/2023allowed

Jawahar Kumar @ Jawahar Mahto v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55462 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- BEUR District- Patna ====================================================== Jawahar Kumar @ Jawahar Mahto S/O Dipan Mahto R/O VillageBhikhachak, Vishnupuri, Ps. Gardanibag, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 Sections 30(a), 33, 34(iv) of the Bihar Prohibition & Excise Act.

There is recovery of 1018.540 litres of illicit Indian made foreign liquor from an auto and Sumo Victa car.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.55462 of 2023(3) dt.06-11-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicles or the illicit liquor or apprehended accused persons. The petitioner is languishing in custody since 07.06.2023. 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 Special Judge, Excise, Patna in connection with Special Case No. 1361 of 2022, arising out of Beur P.S. Case No. 107 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T