Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65484 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== BHIM KUMAR Son of Harendra Yadav @ Harendra Ray Resident of Village- Bakhari, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 41(i) of the of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 224.640 liters illicit liquor from a Scorpio vehicle bearing Registration No. MH43A1999. Accordingly, the seizure list has been prepared.

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. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.65484 of 2022(2) dt.25-02-2023 2/2 liquor and the vehicle in question from where the recovery has been made, belongs to co-accused namely, Mohan Giri. No any incriminating article has been recovered from conscious or constructive possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 25.9.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Bishambharpur P.S. Case No. 161 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge Excise Court-II, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T