Patna High CourtCR. MISC./72494/2023allowed

Parmanand Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72494 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- DIGHWARA District- Saran ====================================================== PARMANAND RAI SON OF LATE INDAL RAI @ INDAR RAI R/O VILLAGE- BASTI JALAL, P.S.- DIGHWARA, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 36 liters of illegal country-made liquor from an open place.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.72494 of 2023(2) dt.28-11-2023 2/2 petitioner. He is languishing in judicial custody since 24.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 1st Exclusive Special Excise Judge, Saran at Chapra in connection with Dighwara P.S. Case No. 285 of 2023.

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