Patna High CourtCR. MISC./58713/2023allowed

Pintu Bhagat v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58713 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- AMDABAD District- Katihar ====================================================== PINTU BHAGAT S/O LATE MAHAVIR BHAGAT R/O VILL.- HAPLAGANJ (HAFLAGANJ), P.S.- MUFFASIL, DIST.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, there has been recovery of 180 liters of illegal foreign liquor from a Tempo, bearing Registration No. BR-11T-8804.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that co-accused, who apprehended on spot and on his confessional

Patna High Court CR. MISC. No.58713 of 2023(2) dt.01-09-2023 2/2 statement the name of the petitioner has come into light. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 10.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Amdabad P.S. Case No. 179 of 2022.

(Sunil Kumar Panwar, J) arish/- U