Patna High CourtCR. MISC./49188/2023allowed

Lakhan Tuddu @ Godpadiya @ Gare Pary v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49188 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Lakhan Tuddu @ Godpadiya @ Gare Pary Son Of Late Jagan Tuddu Resident Of Village - Jorgama, Ward No. 02, P.S. - Murliganj, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 125 litres of illicit country made liquor from an auto-rickshaw.

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 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.49188 of 2023(2) dt.11-08-2023 2/2 petitioner has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in custody since 11.05.2023. 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 Additional Sessions Judge-V-cum-Special Judge, 1st Class, Excise Act, Madhepura in connection with Murliganj P.S. Case No. 76 of 2022.

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