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Patna High CourtCR. MISC./79626/2023allowed

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

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79626 of 2023 Arising Out of PS. Case No.-383 Year-2021 Thana- NAWADA District- Nawada ====================================================== BIPIN KUMAR @ KAMLESH KUMAR @ BIPIN YADAV SON OF ISHO YADAV RESIDENT OF VILLAGE- GONDAPUR, P.S. - NAWADA DISTRICT - 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 11-12-2023 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 section 33, 34, 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the informant purchased one puch of liquor from one unknown person and after drinking the same, he became ill and went to hospital for treatment.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused Vidhan Yadav and Kaushal Yadav. Nothing

Patna High Court CR. MISC. No.79626 of 2023(2) dt.11-12-2023 2/2 incriminating has been recovered from conscious possession of the petitioner. It is also submitted that the petitioner is languishing in judicial custody since 7.4.2022.

5. Learned APP appearing for the State has vehemently 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 released on bail in connection with Nawada (Nagar) P.S. Case No. 383 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 1st, Nawada.

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