Gorakh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65325 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== GORAKH PRASAD S/O RAMHARAN RAI R/O VILLAGE- JITPUR, P.SJITNA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 384 liters of Nepalese liquor near Tiar river bridge. The petitioner was apprehended on the spot along with three accused persons while seven accused persons managed to escape.

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 case only on the basis of suspicion. He has no concern with the alleged recovery

Patna High Court CR. MISC. No.65325 of 2023(2) dt.13-10-2023 2/2 of liquor or with the place of recovery. Nothing incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 09.07.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 223 of 2023. (Sunil Kumar Panwar, J) lata/- U T