← Library
Patna High CourtCR. MISC./66929/2023allowed

Prem Patel @ Prem Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66929 of 2023 Arising Out of PS. Case No.-486 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Prem Patel @ Prem Kumar Son Of Jaynarayan Patel @ Jay Narayan Patel Village- Ghograha Bairiya Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 353, 504, 34 of the Indian Penal Code, Sections 30(a), 30(D), 32, 34, 36, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 350 litres of spirit and utensils from the field of Sanjay Kumar Singh. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.66929 of 2023(3) dt.08-11-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the seized spirit or the place in question. The petitioner is languishing in custody since 02.08.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 486 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T