Kishore Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72328 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- LADANIA District- Madhubani ====================================================== KISHORE PAL Son of Rajendra Pal R/v- Gajhara, P.S.- Ladania, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Ladaniya P.S. Case No. 72 of 2022 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 310.5 litres of Nepali liquor from the field of one Amarnath Mishra and it is alleged that the petitioner and one another co-accused person had brought the said illicit liquor and kept the same in the field of said Amarnath Mishra.

Patna High Court CR. MISC. No.72328 of 2022(2) dt.10-02-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 01.11.2022. The learned counsel for the petitioner has further submitted that only since the petitioner is accused in five other similar type of cases, he has been made an accused in the present case, however, no illicit liquor has been recovered from the possession of the petitioner.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered either from the possession of the petitioner or from his field nor he has been arrested from the spot, I deem it fit and proper to admit the petitioner to the privilege of bail.

Patna High Court CR. MISC. No.72328 of 2022(2) dt.10-02-2023 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 72 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T