Patna High CourtCR. MISC./61830/2023allowed

Vivekanand Tiwari v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61830 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Vivekanand Tiwari Son Of Dhanush Tiwari Village Murahadil, Ps- Kanhauli, Dist- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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, it is a case of recovery of total 1548 liter illegal Nepali liquor from vehicles. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is alleged to be linear and due to village politics he has falsely been implicated in this case. Neither the petitioner was apprehended on the spot nor vehicles in question belongs to him. It is further submitted that nothing has been recovered

Patna High Court CR. MISC. No.61830 of 2023(2) dt.15-09-2023 2/2 from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 01.07.2023. 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 Kanhauli P.S. Case No. 109 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