Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71274 of 2023 Arising Out of PS. Case No.-377 Year-2021 Thana- NAWADA District- Nawada ====================================================== BIPIN KUMAR @ KAMLESH KUMAR @ BIPIN YADAV S/O ISHO YADAV VILLAGE- GONDAPUR, PS. NAWADA, DIST. NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 33, 34, 36 of Bihar Prohibition and Excise Act.

As per allegation, informant's husband died due to consumption of spurious liquor which he had purchased from unknown persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. Similarly situated

Patna High Court CR. MISC. No.71274 of 2023(3) dt.30-01-2024 2/2 co-accused has already been granted bail by this Court vide order dated 09.05.2023 passed in Cr. Misc No. 10344 of 2022. It is further submitted that the petitioner is in custody since 05.04.2021 and he was remanded in this case on 07.04.2023 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Nagar P.S. Case No. 377 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Nawada.

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