Kapil Koda @ Kapildev Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64759 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== KAPIL KODA @ KAPILDEV KODA S/o Barsu Koda @ Baiju Koda @ Varsu Koda R/o Village-Pachhiyari Tola, Sri Kisun Korasi, P.S.-Kajra, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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)(b)(c), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 60 liters country made liquor from the house of the petitioner and from house of co-accused illegal liquor was also recovered.

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 due to high handedness of the police officials. The petitioner has no concern with the alleged recovery and he was

Patna High Court CR. MISC. No. 64759 of 2023(2) dt.11-10-2023 2/2 also not apprehended from the place of recovery rather place of recovery is joint house of the petitioner. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.07.2023.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kajra P.S. Case No. 67 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-Vth-cum Special Excise Court-II, Lakhisarai.

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