Patna High CourtCR. MISC./65329/2023allowed

Nathuni Das v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65329 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Nathuni Das Son Of Late Chalitar Das Resident Of Village- Haripur Mazrahi Tol, Ps- Kaluahi, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== 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 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 51 liters illicit liquor from the husk house of the petitioner. 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. He has no concern with the alleged recovery of liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 25.07.2023.

Patna High Court CR. MISC. No.65329 of 2023(2) dt.13-10-2023 2/2 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 A.D.J.- II-cum-Special Judge, Excise Act, Madhubani in connection with Kaluahi P.S. Case No. 152 of 2023.

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