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Patna High CourtCR. MISC./55762/2023allowed

Shrawan Bhuiyan v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55762 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== Shrawan Bhuiyan S/O- Nagina Bhuiyan R/O- Village- Tumba, P.ORamdihara, P.S.- Rohtas, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition & Excise Act.

There is recovery of 12 litres of illicit country made liquor from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.55762 of 2023(2) dt.05-09-2023 2/2 petitioner has no concern with the recovery of illicit liquor. The petitioner is languishing in custody since 14.12.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II-cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 465 of 2022.

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