Binod Kumar @ Binod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72203 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- BEUR District- Patna ====================================================== BINOD KUMAR @ BINOD RAY S/O LATE BABU RAY @ LATE LAL BABU RAY Resident of village- Harishchandra Nagar, Near Double Transformer (Sipara), P.S.- Beur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of total 360 liters country made liquor from a vehicle bearing Registration No. BR-1AP-7824.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question which seized at the place

Patna High Court CR. MISC. No.72203 of 2022(3) dt.02-02-2023 2/2 of occurrence. Neither the petitioner arrested on spot nor any incriminating article has been recovered from his conscious or constructive possession rather his name came into light in this case on the basis of suspicion. It is further submitted that the petitioner is languishing in judicial custody since 22.10.2022. Learned APP appearing for the State has vehemently 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 released on bail in connection with Special Case No. 5340 of 2022 arising out of Beur P.S. Case No. 443 of of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna. (Sunil Kumar Panwar, J) amandeep/- U T