Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5242 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Pravin Kumar Son Of Nirtan Thakur @ Nitan Thakur R/O Village And P.O.- Premnagar (TOLA Bahori), P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 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), 32, 36 and 41 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 2604.12 litres of illicit liquor from a truck and five accused persons were apprehended on the spot including this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner has no concern with the alleged recovery or with the vehicle in question. It is further

Patna High Court CR. MISC. No.5242 of 2023(2) dt.07-04-2023 2/2 submitted that nothing has been recovered from the conscious possession of this petitioner, he has got no criminal antecedent. Similarly situated co-accused namely, Guljar Ansari has already been granted bail by this Court vide order dated 06.01.2023 passed in Cr. Misc. No. 70406 of 2022. The petitioner is languishing in judicial custody since 12.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Runnisaidpur P.S. Case No. 637 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 Court No-1, Sitamarhi.

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