Patna High CourtCR. MISC./74824/2023allowed

Rishikesh Kumar @ Risikesh Kumar @ Tullu v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74824 of 2023 Arising Out of PS. Case No.-630 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Rishikesh Kumar @ Risikesh Kumar @ Tullu Son Of Surendra Kumar Resident Of Village- Naubatpur, Ps- Naubatpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 32, 38 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner is said to have been apprehended and from his house, total 159 liters of illicit liquor was recovered. The petitioner is also alleged to be involved in the trade of liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery of illicit liquor. Nothing incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.74824 of 2023(2) dt.07-11-2023 2/2 since 7.9.2023.

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

6. 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 Naubatpur P.S. Case No. 630 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge at Danapur.

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