Patna High CourtCR. MISC./62551/2023allowed

Indal Kumar @ Indal Kumar Ray v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62551 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== INDAL KUMAR @ INDAL KUMAR RAY SON OF LATE KUSHAN YADAV RESIDENT OF VILLAGE - GUNDI, P.S. - BARHARA (KRISHNAGARH O.P.), DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 total 60 liters of illegal country-made Mahua from the sack near a Temple.

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 not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Garjan Yadav, which has

Patna High Court CR. MISC. No.62551 of 2023(2) dt.22-09-2023 2/2 got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. On the basis of suspicion, petitioner has been implicated in the present case. He is languishing in judicial custody since 05.08.2023.

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 Barhara P.S. Case No. 273 of 2023.

(Sunil Kumar Panwar, J) arish/- U