Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71869 of 2023 Arising Out of PS. Case No.-765 Year-2023 Thana- Excise P.S. District- Banka ====================================================== Pawan Kumar Son Of Chandrashekhar Das R/O Village- Badi Paikant, P.S.- Pawsraha, Dist.- Khagaria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 139.665 litres of IMFL from a car bearing Reg. No. BR-10M-1905. Co-accused Jyotish Kumar @ Khirar was alleged to have been driven the aforesaid vehicle.
4. 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 vehicle in question. Nothing has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.71869 of 2023(2) dt.07-11-2023 2/2 Moreover, the petitioner is languishing in judicial custody since 10.09.2023. 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 Additional District & Sessions Judge, Banka in connection with Excise Complaint Case No. 765 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T