Patna High CourtCR. MISC./60434/2023allowed

Tinku Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60434 of 2023 Arising Out of PS. Case No.-968 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Tinku Kumar S/O Munna Ram R/O Village- Takaitpur, P.S- Bihata, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 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 Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 80 litres of illicit country made liquor from an auto-rickshaw.

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 from the conscious possession of the petitioner. The petitioner has no concern either with the seized auto-

Patna High Court CR. MISC. No.60434 of 2023(3) dt.09-11-2023 2/2 rickshaw or the illicit liquor. The petitioner is languishing in custody since 06.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Patna.

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, Excise, Patna in connection with Special Case No. 5429 of 2023, arising out of Phulwarisarif (Janipur) P.S. Case No. 968 of 2023.

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