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Patna High Court/71790/2022allowed

Soni Prasad @ Soni Yadav @ Nitish Kumar v. The State Of Bihar

2023-02-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71790 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- THARTHARI District- Nalanda ====================================================== Soni Prasad @ Soni Yadav @ Nitish Kumar Son Of Sushil Prasad @ Sushila Prasad @ Sugrib Prasad Resident Of Village- Rupaspur, P.S.- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dineshwar Prasad Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 30 litres of illicit country made liquor. The petitioner has been identified by the Chaukidar as one of the persons who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered

Patna High Court CR. MISC. No.71790 of 2022(2) dt.25-02-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure or the recovered country made liquor. The petitioner is languishing in custody since 23.08.2022.

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 Additional Sessions Judge-IVcum-Exclusive Special Court, Excise No. 2, Nalanda at Biharsharif in connection with Tharthari P.S. Case No. 126 of 2022.

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