Nagendra Kumar Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52065 of 2023 Arising Out of PS. Case No.-234 Year-2021 Thana- RAMPUR District- Gaya ====================================================== Nagendra Kumar Puri Son Of Late Parasuram Puri R/O-Kishunpur Jiwdhara, P.S.-PIPRA Kothi, Distt.-EAST Champaran (MOTIHARI) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) of Bihar Prohibition and Excise Amendment Act 414, 468, 472, 420/34 of the Indian Penal Code.

As per prosecution case, it is a case of recovery of total 8200 liters illegal spirit from a truck bearing Reg. No. BR01GA-6655.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on the spot nor vehicle in question

Patna High Court CR. MISC. No.52065 of 2023(2) dt.25-08-2023 2/2 belongs to him. It is further submitted that nothing has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 49009 of 2023. Moreover, the petitioner is languishing in judicial custody since 14.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody 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 Rampur P.S. Case No. 234 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Gaya.

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