Patna High CourtCR. MISC./55929/2023allowed

Dinesh Raw @ Dinesh Rao v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55929 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Dinesh Raw @ Dinesh Rao Son Of Manager Rao @ Mainejar Rao Resident Of Village - Parsauni, P.S. - Chaura Khas, District - Kushinagar, Utter Pradesh ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== 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 has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, the co-accused persons were apprehended on the spot along with a pickup van and from the alleged vehicle total 490.440 liters illegal liquor of different brands was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner

Patna High Court CR. MISC. No.55929 of 2023(2) dt.05-09-2023 2/2 was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing has been recovered from his conscious possession. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.07.2023.

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

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 Phulwariya P.S. Case No. 262 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 concerned Court.

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