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Patna High CourtCR. MISC./80379/2023allowed

Sonu Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80379 of 2023 Arising Out of PS. Case No.-1251 Year-2023 Thana- Excise P.S. District- Patna ====================================================== 1.

Sonu Kumar Son Of Yog Nandan Singh R/O Vill - Gola Road, P.S - Danapur, Distt. - Patna 2.

Mukesh Kumar Son of Ramvachan Chaudhary R/o vill - Gola Road, P.S - Danapur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantam Shivam For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition & Excise Act.

There is recovery of 240 litres of illicit country made liquor from an auto-rickshaw.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.80379 of 2023(2) dt.18-12-2023 2/2 recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized auto-rickshaw or the illicit liquor. The petitioners are languishing in custody since 05.08.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Excise P.S. Case No. 1251 of 2023.

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