Patna High CourtCR. MISC./78356/2023allowed

Gulshan Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78356 of 2023 Arising Out of PS. Case No.-626 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== GULSHAN KUMAR S/O KUMOD SINGH @ KAMAN SINGH R/O VILLAGE- MANIKA VISHUNPUR CHAND, P.S- MUSHAHARI, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 1375.785 liters of illegal liquor from a Pick-up Van.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. He submitted that the petitioner has no concern with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. He submitted that

Patna High Court CR. MISC. No.78356 of 2023(2) dt.06-12-2023 2/2 petitioner being the owner of the seized vehicle and has been implicated in this case. He is languishing in judicial custody since 14.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Exclusive Special Excise Court No. 1, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 626 of 2023.

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