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Patna High CourtCR. MISC./72855/2024allowed

Arjun Bin v. The State Of Bihar

2024-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72855 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Arjun Bin, Son of Ganu Bin Resident of Village - Khalwa Gaon, P.S.- Bhore, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that two persons who were on a cycle and motorcycle tried to flee away. Both were apprehended and altogether 318.400 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovered liquor or vehicles in question. From perusal of the seizure list or F.I.R., it is not clear whether this petitioner was

Patna High Court CR. MISC. No.72855 of 2024(2) dt.07-10-2024 2/2 having cycle or motorcycle and it is also not clear that what quantity of liquor was recovered from this petitioner. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 31.07.2024.

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

6. Having heard learned counsel for the parties and 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 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 Vijaipur P.S. Case No. 161 of 2024.

(Ashok Kumar Pandey, J) lata/- U T