Patna High CourtCR. MISC./77476/2024allowed

Bambam Kumar v. The State Of Bihar

2025-01-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77476 of 2024 Arising Out of PS. Case No.-464 Year-2024 Thana- Excise P.S. District- Katihar ====================================================== Bambam Kumar S/o Late Bindeshwari Choudhary @ Late Bindeshwar Choudhary Resident of village- Mansahi Ward No 7, PS- Mansahi, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and Mr. Pradeep Narain Kumar, 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. The case of the prosecution is that altogether 1064.400 liters of country made foreign liquor was recovered from the pickup van which was being driven by the petitioner.

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. He has got no criminal antecedent. It is also submitted that the petitioner is only the driver. The owner of the seized liquor is one Tuntun Yadav, who

Patna High Court CR. MISC. No.77476 of 2024(3) dt.23-01-2025 2/2 fled away. It is further submitted that the petitioner is languishing in judicial custody since 02.09.2024.

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 Katihar Excise P.S. Case No. 464 of 2024 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.1, Katihar.

(Ashok Kumar Pandey, J) Sudhanshu/- U T