Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59656 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Pawan Kumar Son Of Naresh Singh Resident Of Village- Sahora, Ps- Sigori, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 15 liters illicit liquor from a motorcycle bearing Registration No. BR01EK-3999 and the petitioner is said to be apprehend on spot with the seized vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner is neither owner of the seized motorcycle nor he has concerned with the alleged recovery of illicit liquor. No any incriminating article has been recovered

Patna High Court CR. MISC. No.59656 of 2023(2) dt.08-09-2023 2/2 from his possession. It is further submitted that the petitioner is languishing in judicial custody since 22.7.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail and submitted that the petitioner is apprehended on spot with the alleged recovery of illicit liquor.

6. The petitioner, being driver of the motorcycle, is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dulhin Bazar P.S. Case No. 241 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 Spl Excise Judge, Danapur.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) in the account of the concerned DLSA.

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