Vidhan Kumar @ Vidhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68843 of 2023 Arising Out of PS. Case No.-599 Year-2021 Thana- SONEPUR District- Saran ====================================================== Vidhan Kumar @ Vidhan Rai S/O- Late Krishna Ray Village- Sabalpur Pachhiyari Tola Ps- Sonepur Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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), 30(d) and 47 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 717.750 liters of illicit liquor from joint house of the petitioner along with other co-accused persons and from the field of co-accused along with this petitioner, there has been recovery of 232.740 liters of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the

Patna High Court CR. MISC. No.68843 of 2023(2) dt.03-11-2023 2/2 recovery has been made from the joint possession of this petitioner along with other co-accused persons. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 26.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonepur P.S. Case No. 599 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court Saran at Chapra. (Sunil Kumar Panwar, J) Shubham/- U T