Patna High CourtCR. MISC./68842/2022allowed

Gonda Kumar @ Karan Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68842 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- KHAGAUL District- Patna ====================================================== Gonda Kumar @ Karan Kumar Son Of Upendra Thakur Resident Of- Lakhni Bigha, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 2689.875 litres of illicit Indian made Foreign Liquor from a truck.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the seized car.

Patna High Court CR. MISC. No.68842 of 2022(2) dt.06-01-2023 2/2 The petitioner has no concern with the recovery of seized illicit liquor. The name of the petitioner sprang up on the confessional statement of apprehended accused persons. The petitioner is languishing in custody since 07.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Danapur, Patna in connection with Excise Case No. 6360 of 2021, arising out of Khagaul P.S. Case No. 240 of 2021.

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