Patna High CourtCR. MISC./60443/2023allowed

Kanchan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60443 of 2023 Arising Out of PS. Case No.-17 Year-2019 Thana- KOTHI District- Gaya ====================================================== Kanchan Kumar Son Of Kapil Saw @ Kapil Sao Resident Of VillageIbrahimpur, Ps- Fesar ,DISTT- Aurangabad At Present Residing At VillGandhi Maidan In Front Of Masjid Near Hanuman Mandir, Ps- Town, DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== 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 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 340 liters of illicit liquor from a car bearing Reg. No. WB-12B2974. The apprehended co-accused person disclosed that the petitioner was navigating the said vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on spot nor anything has been recovered from his

Patna High Court CR. MISC. No.60443 of 2023(2) dt.12-09-2023 2/2 conscious possession. He has no concern with the seized liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Kothi P.S. Case No. 17 of 2019 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) Shubham/- U T