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Patna High CourtCR. MISC./65361/2023allowed

Abhishek Kumar @ Ranjan Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65361 of 2023 Arising Out of PS. Case No.-459 Year-2023 Thana- TEKARI District- Gaya ====================================================== ABHISHEK KUMAR @ RANJAN KUMAR S/o- NAGESHWAR YADAV Village- Dariyapur Ps- Tekari Mau OP Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case 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 230.625 liters of illegal foreign liquor near the house of the petitioner.

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 recovered from the

Patna High Court CR. MISC. No.65361 of 2023(2) dt.13-10-2023 2/2 conscious possession of the petitioner. He is languishing in judicial custody since 28.07.2023.

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 Special Excise Court No. 2, Gaya in connection with Tekari P.S. Case No. 459 of 2023. (Sunil Kumar Panwar, J) Arish/- U T