Pradeep Kumar @ Vikash Bhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67907 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== PRADEEP KUMAR @ VIKASH BHAI Son of Late Surendra Resident of Village - Karuta, Karountha, Shivvaji Collony, P.S.- Shivvaji Collony, District - Rohtak (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, one co-accused is alleged to have been apprehended by the police team with a container. From container bearing registration no. HR62A-5957, total 10019 liters of illicit liquor was recovered. Apprehended persons disclosed the name of the petitioner and stated that he is indulged in trade of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.67907 of 2023(3) dt.16-10-2023 2/2 committed no offence. He has falsely been implicated in this present case. His name was disclosed by the driver who was apprehended from spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He has also no concern with the alleged recovery of illicit liquor or with the co-accused. It is further submitted that the petitioner is languishing in judicial custody since 19.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhaptiyahi P.S. Case No. 10 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 Exclusive Special Judge, Excise Court No.01, Supaul. (Sunil Kumar Panwar, J) Amandeep/- U T