Patna High CourtCR. MISC./70291/2023allowed

Koushal Kishor Rai @ Kaushal Singh @ Kaushal Ray v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70291 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Koushal Kishor Rai @ Kaushal Singh @ Kaushal Ray S/O Ramanand Rai @ Namalum R/O Village- Dharha Ward No. 10, P.S- Rosera, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== 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 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 656.250 liters of illegal foreign liquor from a bamboo clump.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern either with the seized liquor or with the motorcycle and the place of occurrence does not belongs to the petitioner. No incriminating article has

Patna High Court CR. MISC. No.70291 of 2023(2) dt.06-11-2023 2/2 been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 05.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-1-cum-Spl. Judge, Excise-1, Samastipur in connection with Rosera P.S. Case No. 249 of 2023.

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