Patna High CourtCR. MISC./62310/2023allowed

Krishna Kewat v. The State Of Bihar

2023-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62310 of 2023 Arising Out of PS. Case No.-571 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== KRISHNA KEWAT son of Dhaneshwar Kewat R/o- Gangta Ps- Amhara DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 5 liters of illegal Mahua liquor from a plastic bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in

Patna High Court CR. MISC. No.62310 of 2023(2) dt.21-09-2023 2/2 judicial custody since 30.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Lakhisarai P.S. Case No. 571 of 2023.

(Sunil Kumar Panwar, J) arish/- U