Patna High CourtCR. MISC./56462/2023allowed

Devraj Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56462 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Devraj Kumar S/O Devendra Rai R/O Village- Goniyari, P.S.- Desari, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 154 litres of illicit country made liquor from two motorcycles and petitioner was apprehended along with other accused persons. 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

Patna High Court CR. MISC. No.56462 of 2023(3) dt.13-10-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the seized motorcycle or the apprehended accused persons or illicit liquor. The petitioner is languishing in custody since 14.07.2023. 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 Special Judge, ExciseII, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 191 of 2023.

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