Patna High CourtCR. MISC./74111/2022allowed

Subodh Kumar v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74111 of 2022 Arising Out of PS. Case No.-106 Year-2022 Thana- SIRDALA District- Nawada ====================================================== Subodh Kumar S/O Rajendra Prasad R/V- Chautha, P.S.- Rajauli, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 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 Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 326 liters country made illicit liquor from three different vehicles. 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 is not named in FIR rather the name of the petitioner came into light only on the basis of confessional statement of Mantu Kumar. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. No any

Patna High Court CR. MISC. No.74111 of 2022(2) dt.13-01-2023 2/2 incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 15.10.2022.

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 Sirdalla P.S. Case No. 106 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 Exclusive Special Excise Judge 1st, Nawada.

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