Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70533 of 2023 Arising Out of PS. Case No.-1432 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Raushan Kumar Son Of Late Manoj Choudhary @ Manoj Mahto VillageMuradpur Bangra, Ps- Bangra, Dist- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 sections 30(a), 32(3) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 480 liters illicit liquor from a tempo bearing Registration No. BR33GA5874 and the petitioner is said to be apprehend on spot.

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 present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the seized vehicle. No any incriminating article has been recovered from his

Patna High Court CR. MISC. No.70533 of 2023(2) dt.06-11-2023 2/2 possession. The petitioner is languishing in judicial custody since 11.7.2023.

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

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Excise P.S. Case No. 1432 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 Special Judge(Excise) Court No.II, Muzaffarpur.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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