Patna High CourtCR. MISC./65443/2023allowed

Anand Kumar @ Anand Bhuiya v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65443 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- AMAS District- Gaya ====================================================== Anand Kumar @ Anand Bhuiya Son Of Shivsharan Buiya Village Naudiha, Ps- Gurua, Dist- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arvnendra Kumar Thakur For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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. As per FIR, prosecution case relates to recovery of 40 liters of illicit country made liquor from road side and the petitioner is said to have been apprehended on spot while trying to flee away.

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.65443 of 2023(2) dt.17-10-2023 2/2 alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2023.

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 of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 228 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 Excise Judge, Court No.2, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T