Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68976 of 2023 Arising Out of PS. Case No.-374 Year-2021 Thana- NAWADA District- Nawada ====================================================== Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav Son Of Isho Yadav Resident Of Village Gondapur Ps Nawada Dist Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== 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 33, 34 and 36 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the informant's father died after consuming spurious liquor which was purchased from unknown miscreants.
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. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Arvind Yadav before the police which has got no evidentiary value in the eye of law.
Patna High Court CR. MISC. No.68976 of 2023(2) dt.03-11-2023 2/2 Nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 29.08.2023 in Cr. Misc. No. 55108 of 2023. Moreover, he is languishing in judicial custody since 05.01.2023.
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 Nawada(Town) P.S. Case No. 374 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 Exclusive Special Court Excise Act, Ist Nawada.
(Sunil Kumar Panwar, J) shubham/- U T