Hazari Prasad @ Bharat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69524 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== HAZARI PRASAD @ BHARAT PRASAD S/o- BHARAT PRASAD RESIDENT OF VILLAGE SIHORAWA, P.S JADOPUR, DISTGOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Let the defect(s) be ignored as pointed out by the office.

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) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 180 liters of country made liquor from bank of Saran Charki Dam the petitioner is said to have fled away.

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

Patna High Court CR. MISC. No.69524 of 2023(2) dt.18-01-2024 2/2 present case on the disclosure of local villagers. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither he was apprehended on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 27.5.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jadopur P.S. Case No. 83 of 2023 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-II-cum-Special Judge, Excise court No.1, Gopalganj.

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