Patna High CourtCR. MISC./53715/2023allowed

Pawan Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53715 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== 1.

PAWAN KUMAR son of Ram Pravesh Roy @ Ram Prawesh Ray VillageBegampur Ps- Warisnagar Dist- Samastipur 2.

DHARMENDRA KUMAR son of Ram Chandar Paswan VillageBalbhadrapur Khajuri Ps- Kalyanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

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

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 42 liters of illegal foreign liquor from a Car.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on spot. He submitted that the petitioners have no concern either with the seized vehicle or with the wine in question. No

Patna High Court CR. MISC. No.53715 of 2023(2) dt.25-08-2023 2/2 incriminating articles have been recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 11.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Hathauri P.S. Case No. 93 of 2023.

(Sunil Kumar Panwar, J) arish/- U