Vinay Prasad @ Binay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76658 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== VINAY PRASAD @ BINAY PRASAD SON OF BHIKHARI PRASAD RESIDENT OF VILLAGE - CHIUTAHA, P.S. - BAIKUNTHPUR, DISTRICT - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Dubey For the Opposite Party/s :
Mr.Rajesh 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 40 liters of illegal country-made liquor from two plastic bags.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. He submitted that the petitioner has no concern with the seized wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of
Patna High Court CR. MISC. No.76658 of 2023(2) dt.01-12-2023 2/2 Section 100 of the Cr.P.C. has not been followed in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.10.2023.
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 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 Court concerned in connection with Baikunthpur P.S. Case No. 336 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T