Patna High CourtCR. MISC./72086/2023allowed

Satish Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72086 of 2023 Arising Out of PS. Case No.-552 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Satish Kumar Son Of Gauri Shankar Ray R/O Village- Adra Ghat, Ada Ghat, P.S.- Malsalami, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 150 litres of country made liquor from a motorcycle bearing Reg. No. BR-01CU-9726. Petitioner was apprehended on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is further submitted that co-accused Ravi Kumar is owner of

Patna High Court CR. MISC. No.72086 of 2023(2) dt.08-11-2023 2/2 the seized wine as well as motorcycle and the petitioner is staff of co-accused Ravi Kumar. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 17.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Special Judge, Excise, Patna City, Patna in connection with Chowk P.S. Case No. 552 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T