Kishore Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66350 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Kishore Pal Son Of Late Rajendra Pal Resident Of Gajhara Navtoli, PsLadaniya, Dist- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Madan Kumar. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Ladaniya P.S. Case no. 196 of 2023 registered under sections 272 and 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on search being conducted total of 193 litres of liquor was recovered loaded on a scooty. It is stated that two accused persons made an attempt to escape but one of them was caught. The person caught disclosed that it was the petitioner who had managed to escape. 4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. Neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The

Patna High Court CR. MISC. No.66350 of 2023(2) dt.16-10-2023 2/2 only material against him is the statement of the co-accused made before the police. The cause of his falsely implication is his antecedents. He is in custody since 8.8.2023 and undertakes to cooperate in the investigation.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no incriminating article having been recovered from the petitioner's possession and the petitioner having remained in custody since 8.8.2023, the Court directs the petitioner to be enlarged on bail in connection with Ladaniya P.S. Case no. 196 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani. (Partha Sarthy, J) ajay/- U T