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Patna High CourtCR. MISC./59729/2023allowed

Indal Kumar Ray @ Indal Yadav @ Idal Yadav v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59729 of 2023 Arising Out of PS. Case No.-408 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Indal Kumar Ray @ Indal Yadav @ Idal Yadav Son Of Bhuteli Ray @ Bhuteni Ray R/O Vill - Paiga, P.S. - Barahara, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 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 petitioner was apprehended on the spot and from his scooty total 20 liters country made liquor 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 due to high handedness of the police officials. The petitioner has no concern with the alleged recovery rather the scooty in question is

Patna High Court CR. MISC. No.59729 of 2023(2) dt.11-09-2023 2/2 registered in the name of petitioner's mother. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is 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 Barahara P.S. Case No. 408 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) manishkumar/- U T