Jawala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55096 of 2024 Arising Out of PS. Case No.-550 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== JAWALA KUMAR S/O LATE SURENDRA PRASAD Resident of villageKabutarigali, Ballkishunganj, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujeet Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, registered in connection with Alamganj P.S. Case No. 550 of 2024.

3. As per prosecution case, there has been recovery of total 130 liters of country-made liquor from the house of coaccused Manish Kumar Yadav @ Manish Gope and the petitioner was apprehended on spot.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.55096 of 2024(2) dt.14-08-2024 2/2 alleged recovery of liquor and the place of occurrence does not belongs to him. On the basis of suspicion, he has been made accused in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is a person of clean antecedent and he is in custody since 10.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner is a person of clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Court of Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 550 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T