Patna High CourtCR. MISC./76862/2023allowed

Arjun Kumar @ Arjun Push @ Arjun Pusp v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76862 of 2023 Arising Out of PS. Case No.-394 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Arjun Kumar @ Arjun Push @ Arjun Pusp S/O Late Shiv Narayan Sinha R/O Village- Mathia Ke Pas Hari Jee Ke Hata, P.S- Arrah Nagar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of 105 liters of country made liquor from a tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the seized liquor. It is further submitted from para8 of this petition that petitioner is neither the owner of the said vehicle nor he is driver of the same rather he is passenger of the

Patna High Court CR. MISC. No.76862 of 2023(2) dt.04-12-2023 2/2 vehicle. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwantnagar P.S. Case No. 394 of 2023 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 Judge Excise Court No-2, Bhojpur at Ara.

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