Patna High CourtCR. MISC./78817/2023allowed

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

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78817 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== ADARSH KUMAR @ AMAR KUMAR @ AMAR KAMAT SON OF SATENDRA PRASAD KAMAT @ SIKENDAR KAMAT @ SIKANDAR KAMAT R/O VULAPATTI, WARD NO. 03, P.S.- 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.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 26.4 liters of illegal Nepali liquor from a bag.

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 either with the seized bag or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. On the basis of suspicion and due

Patna High Court CR. MISC. No.78817 of 2023(2) dt.07-12-2023 2/2 to his criminal antecedents, the petitioner has been made accused in this case. He is languishing in judicial custody since 21.08.2023.

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 Kishanpur P.S. Case No. 57 of 2023.

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