Patna High CourtCR. MISC./72607/2023allowed

Upendra Goshwami v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72607 of 2023 Arising Out of PS. Case No.-641 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Upendra Goshwami S/O Suresh Goswami Resident Of Village- Goswami Tola, Matiyari Ward No. 7, P.S.- Forbesganj, Dist.- Araria, 854318 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivesh Kumar Singh For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 49.2 liters of nepali liquor from a nearby bush adjacent to the house of the petitioner 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 or with the place of occurrence rather the alleged place is open area, easily accessible to common people. He is languishing in judicial custody since 24.8.2023.

Patna High Court CR. MISC. No.72607 of 2023(2) dt.28-11-2023 2/2 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 Exclusive Special Judge, Excise-I, Araria in connection with Forbesganj P.S. Case No. 641 of 2023.

(Sunil Kumar Panwar, J) sushma/- U