Dhanvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60541 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Dhanvir Kumar S/O Dukhi Yadav R/O Village- Phulparas Purwari Tola Ward No.-10, P.S- Phulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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 and Excise Act.

3. According to the FIR, prosecution case relates to recovery of total 351 liters of illicit liquor from a Santro Car bearing Registration no. WB-06C-2905 and the petitioner is said to have been apprehended on spot.

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. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.60541 of 2023(2) dt.09-10-2023 2/2 alleged recovery of illicit liquor or with the vehicle in question. She said vehicle belongs to one Mahesh Yadav who instructed the petitioner to bring the vehicle from Nepal and this fact is stated in para-11 of the petition. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 306.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Darbhanga Town P.S. Case No. 189 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 Exclusive Special Judge-I, Excise Act, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T