Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65726 of 2023 Arising Out of PS. Case No.-528 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Mahendra Kumar S/O - Dwarika Yadav R/O- Village-Simratand, P.S.- Fatehpur, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Wazirganj P.S. Case No. 528 of 2023 registered under section 30(a) and 45 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 50 liters of country made liquor from a motorcycle and this petitioner was apprehended on spot with the said vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the seized liquor. There is no independent witness of the seizure list rather they are police personnel. A statement has been made in

Patna High Court CR. MISC. No.65726 of 2023(2) dt.17-10-2023 2/3 para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.08.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Wazirganj P.S. Case No. 528 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No-V, Gaya.

The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the

Patna High Court CR. MISC. No.65726 of 2023(2) dt.17-10-2023 3/3 account of concerned DLSA.

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