Patna High CourtCR. MISC./70053/2023allowed

Prakash Dixit v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70053 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== PRAKASH DIXIT S/o- UPENDRA DIXIT Village- Kareya Dixit Ps- Bhore Dist- gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 27 liters of illegal country-made liquor a bag, which was tied with the motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. He submitted that the petitioner was going to Gopalganj by his motorcycle for the treatment and during the course of checking police party

Patna High Court CR. MISC. No.70053 of 2023(2) dt.02-11-2023 2/2 demanded money and due to non-fulfillment of demand, the police has been falsely implicated the petitioner in this case. He is languishing in judicial custody since 27.07.2023.

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 Additional District and Sessions Judge-IV-cum-Exclusive Special Judge, Excise Court No.-II, Gopalganj in connection with Mirganj P.S. Case No. 287 of 2023.

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