Harishankar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75954 of 2023 Arising Out of PS. Case No.-394 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Harishankar Kushwaha Son Of Devraj Bhagat Resident Of Village - Pachdewari, P.S. - Kateya, District - Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shubhangi Pandey For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 37 of the Bihar Prohibition and Excise Act.

As per allegation in F.I.R., petitioner was apprehended in drunken state and 800 ml of country made liquor has been recovered from his possession. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no independent witness of the alleged seizure. Nothing incriminating has been recovered from his conscious possession. Moreover, he is

Patna High Court CR. MISC. No.75954 of 2023(2) dt.01-12-2023 2/2 languishing in judicial custody since 06.09.2023. Learned APP appearing for the State has 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 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 Additional District and Sessions Judge II-cumSpecial Excise Court I, Gopalganj in connection with Kateya P.S. Case No. 394 of 2023.

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