Kashinath Keshri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53216 of 2024 Arising Out of PS. Case No.-247 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== Kashinath Keshri Son of Late Mahavir Prasad Keshri Village- Mirganj Braham Asthan Ps- Mirganj Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmveer Jha For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024 Heard the parties
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Gopalganj Excise P.S. Case No. 247 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment), 2018.
3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 5.580 liters of foreign made liquor
4. Learned counsel appearing on behalf of petitioner submitted that the name of the petitioner involved with present case only on the basis of disclosure made by co-accused Raja Kumar from whom recovery of 5.580 lt of illicit liquor was made. It is further submitted that the recovery was not made from the conscious possession of this
Patna High Court CR. MISC. No.53216 of 2024(2) dt.28-08-2024 2/2 petitioner, who is a man of clean antecedents.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submissions as no recovery of alleged illicit liquor appears prima facie to be made from the conscious physical possession of this petitioner, accordingly petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-IV- cum- Spl. Excise Court No. II, Gopalganj/concerned Court, where the case is pending in connection with Gopalganj Excise P.S. Case No. 247 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) Sudha/- U T