Patna High CourtCR. MISC./56930/2023allowed

Saket Bihari @ Santosh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56930 of 2023 Arising Out of PS. Case No.-678 Year-2022 Thana- TEKARI District- Gaya ====================================================== Saket Bihari @ Santosh S/O Vinay Yadav R/O Village- Khaira, Ps. Konch, Dist. Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar 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 section 413 of the IPC and Section 30(a) Bihar Prohibition and Excise Act. As per prosecution case, it is a case of recovery of total 125 liter illegal mahua liquor from tempo. 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 was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing has been

Patna High Court CR. MISC. No.56930 of 2023(2) dt.05-09-2023 2/2 recovered from his conscious possession. Moreover, the petitioner has been languishing in judicial custody since 03.07.2023.

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 Tekari Panchanpur O.P. P.S. Case No. 678 of 2022 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) Manishkumar/- U T