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Patna High CourtCR. MISC./71263/2022allowed

Bandhua Miyan @ Kaushar @ Bannu Miyan v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71263 of 2022 Arising Out of PS. Case No.-406 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Bandhua Miyan @ Kaushar @ Bannu Miyan Son Of Late Jalil Miya R/VKhurampur, P.S- Marhaura (Gaura O.P) Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 45 liters country made illicit liquor from Baans Bhitti (Bamboo bush). 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 place of occurrence. The name of the petitioner has been sprang in this case on the statement made by the villagers. No any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since

Patna High Court CR. MISC. No.71263 of 2022(2) dt.06-01-2023 2/2 13.09.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

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 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Marhaura (Gaura O.P.) P.S. Case No. 406 of 2022. (Sunil Kumar Panwar, J) amandeep/- U T