Patna High CourtCR. MISC./65313/2023allowed

Upendra Rai v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65313 of 2023 Arising Out of PS. Case No.-394 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== UPENDRA RAI Son of Late Sobhit Rai R/o ward no. 65, Mohalla - Ghagha Gali, P.S. - Chowk, distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 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 5.5 liters of illegal foreign liquor from the bag 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 wine in question. On the basis of suspicion and due to his criminal antecedents, he has been falsely implicated in the present case by the police party. He is languishing in judicial custody since

Patna High Court CR. MISC. No.65313 of 2023(2) dt.12-10-2023 2/2 13.07.2023.

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 Court concerned in connection with Patna City Chowk P.S. Case No. 394 of 2023.

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