Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72312 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== MONU KUMAR S/o Late Shiv Prasad @ Shiv Prasad Sah R/V- Nand Nagar Colony, P.S.- Bahadurpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 144 litres of country made liquor from the house of one Ramkalia Devi. One person was apprehended from the spot, who disclosed his name as Niraj Kumar. Petitioner and others are alleged to be owner of the seized liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged

Patna High Court CR. MISC. No.72312 of 2022(2) dt.25-02-2023 2/2 recovery of illicit liquor or with the co-accused persons. The petitioner was remanded in this case from Bahadurpur P.S. Case No. 230 of 2022. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 28.07.2022.

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

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 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 Special Judge, Excise, Patna City, Patna in connection with Bahadurpur P.S. Case No. 213 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T