Laxmeshwar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48795 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- LADANIA District- Madhubani ====================================================== LAXMESHWAR ROY Son of Faguni Ray Resident of village - Sidhapkala, P.S. - Ladaniya, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 162 litres of illicit liquor from the motorcycle of the petitioner and he managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Because of ownership of the said motorcycle, he has been implicated in this case. He is languishing in judicial

Patna High Court CR. MISC. No.48795 of 2023(2) dt.04-08-2023 2/2 custody since 3.5.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya PS Case No. 262 of 2022.

(Sunil Kumar Panwar, J) sushma/- U