Patna High CourtCR. MISC./76655/2023allowed

Punit Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76655 of 2023 Arising Out of PS. Case No.-1010 Year-2023 Thana- Excise P.S. District- Gopalganj ====================================================== PUNIT KUMAR Son of Baccha Shah Resident of village - Lakhpatiya More, Shreya Ward No.- 3, P.S.- Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 1 liters of illegal country-made liquor from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. On the basis of suspicion and due to his criminal antecedent, petitioner has been made accused in this case. He is languishing in judicial custody since 29.09.2023.

Patna High Court CR. MISC. No.76655 of 2023(2) dt.01-12-2023 2/2

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, meager quantity 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 Addl. Sessions Judge-IV-cum-Spl. Judge Excise-II, Gopalganj in connection with Excise P.S. Case No. 1010 of 2023.

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