Patna High CourtCR. MISC./59000/2023allowed

Bishu Kumar @ Bishu Kumar Mandal v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59000 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- PRANPUR District- Katihar ====================================================== BISHU KUMAR @ BISHU KUMAR MANDAL SON OF ARJUN MANDAL @ ARJUN KORIYAR RESIDENT OF VILLAGE BAIGNA PS NAGAR DISTRICT KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 154.625 liters of illegal foreign liquor from a bag.

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 apprehended on spot. He submitted that the petitioner was only standing on the platform and he has no concern either with the seized bag or with the wine in question. No incriminating article has been recovered

Patna High Court CR. MISC. No.59000 of 2023(2) dt.12-09-2023 2/2 from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.05.2023.

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 Pranpur P.S. Case No. 93 of 2023.

(Sunil Kumar Panwar, J) arish/- U