Pardeshi Kumar @ Pardesi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55416 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- EKCHARI District- Bhagalpur ====================================================== Pardeshi Kumar @ Pardesi Kumar S/O Binod Mandal @ Vinod Mandal Resident Of Village- Bari Mohanpur, Ps- Ekchari, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purushottam Kumar Das For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 100 liters of country made liquor from two bag which was kept on motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other apprehended co-accused persons before the police which has got no evidentiary value in

Patna High Court CR. MISC. No.55416 of 2023(2) dt.30-08-2023 2/2 the eye of law. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the alleged recovery. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.05.2023.

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

6. 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 Ekchari P.S. Case No. 31 of 2023 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 Judge, 1st, Bhagalpur. (Sunil Kumar Panwar, J) shubham/- U T