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Patna High CourtCR. MISC./75117/2023allowed

Kishore Pal v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75117 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Kishore Pal Son Of Late Rajendra Raw Pal @ Rajendra Pal Resident Of Gajhara Navtoli, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 162 litres of illicit liquor from a car bearing Reg. No. BR-Q1PG-3559. Driver of the aforesaid vehicle was apprehended on spot. 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 recovery. The name of the petitioner has been disclosed in

Patna High Court CR. MISC. No.75117 of 2023(2) dt.01-12-2023 2/2 this case by the apprehended co-accused. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 30.08.2023.

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

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 Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 79 of 2023.

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