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Patna High CourtCR. MISC./70221/2023allowed

Pappu Kumar @ Pappu Prasad v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70221 of 2023 Arising Out of PS. Case No.-708 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== PAPPU KUMAR @ PAPPU PRASAD son of Madan Prasad Village- Teuri Ps- manpur Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== 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 section 37 of the Bihar Prohibition and Excise Act.

3. According to prosecution, the petitioner is said to have been apprehended in intoxicated condition from Lakhisarai Railway Station.

4. 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 due to high handedness of the police. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.70221 of 2023(2) dt.03-11-2023 2/2 petitioner is languishing in judicial custody since 17.8.2023.

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 of 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 Lakhisarai Excise P.S. Case No. 708C2 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cumExclusive Special Court-2, Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T