Patna High CourtCR. MISC./70542/2023allowed

Subhash Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70542 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- SARAI District- Vaishali ====================================================== Subhash Kumar Son Of Sudhist Singh R/O Village - Bhagawatpur Patedha, P.S.- Sarai, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== 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 registered for the offence punishable under sections 30(a), 35(a), 41(i) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of total 801 liters of liquor from a vehicle bearing Registration no. BR31GA-8553 which was stand in front the house of the petitioner.

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. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the vehicle in question. No any incriminating article has been recovered from

Patna High Court CR. MISC. No.70542 of 2023(2) dt.06-11-2023 2/2 his possession. He is languishing in judicial custody since 10.8.2023.

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

6. The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

7. 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 Sarai P.S. Case No. 203 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 Exclusive Spl Excise Court 2nd-cum-Addl. District & Session Judge, Hajipur at Vaishali.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) in the account of the concerned DLSA.

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