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Patna High CourtCR. MISC./78593/2023allowed

Adarsh Kumar @ Amar Kumar @ Amar Kamat v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78593 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== ADARSH KUMAR @ AMAR KUMAR @ AMAR KAMAT son of Satendra Prasad Kamat @ Sikendar Kamat @ Sikandar Kamat R/o- Tulapatti W.No-3, Ps- Kishanpur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 324 liters of nepali wine kept in nine plastic bags from behind the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. He is a ward member of Gram Panchayat and his name has been surfaced only because of political rivalry.

Patna High Court CR. MISC. No.78593 of 2023(2) dt.06-12-2023 2/2 No any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 28.08.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Exclusive Specail Judeg, Excise Court no. 1, Supaul in connection with Kishanpur P.S. Case No. 104 of 2023. (Sunil Kumar Panwar, J) sushma/- U