Patna High CourtCR. MISC./62346/2023allowed

Govind Kumar v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62346 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- BAUNSI District- Banka ====================================================== Govind Kumar S/O Surendra Yadav Village- Sahuria, Ps- Sour Bazar, DistSaharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 & Excise Act.

3. Prosecution case relates to recovery of 138.240 liters of illicit liquor from a four wheeler vehicle bearing Registration No. BR01PB-8380 and the petitioner is said to be driver of the aforesaid 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. He has got no criminal antecedent as stated in para-3 of the petition. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. No any

Patna High Court CR. MISC. No.62346 of 2023(2) dt.05-10-2023 2/2 incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 28.7.2023.

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

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Bounsi P.S. Case No. 218 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 Addl. Sessions Judge-II, Banka.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) in the account of the concerned DLSA.

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