Patna High CourtCR. MISC./65634/2023allowed

Kumar Anil v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65634 of 2023 Arising Out of PS. Case No.-1696 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== KUMAR ANIL Son of Vinod Chaudhary R/o vill - Masaura Bajar, P.s. - Kundwachainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== 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 89.4 liters of illicit liquor from house of the petitioner who is said to have been apprehended on spot.

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 alleged recovery of illicit liquor. No any incriminating article

Patna High Court CR. MISC. No.65634 of 2023(2) dt.17-10-2023 2/2 has been recovered from his conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 31.7.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 1696 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 Court No.-2, Motihari at East Champaran.

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