Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81380 of 2023 Arising Out of PS. Case No.-306 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Binay Kumar Son Of Late Gauri Shankar Yadav Resident Of Village- Tekari Road, Patthar Ki Masjid, Ps- Sultanganj, Distt- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 5 litres of country made liquor kept in a plastic polythene. The name of petitioner has been disclosed by local people as a person who fled away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been

Patna High Court CR. MISC. No.81380 of 2023(2) dt.18-12-2023 2/3 implicated in the present case due to his criminal antecedents. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by local people. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 21.07.2023. 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 learne d Exclusive Spcial Judge, Excise, Patna City, Patna in connection with Sultanganj

Patna High Court CR. MISC. No.81380 of 2023(2) dt.18-12-2023 3/3 P.S. Case No. 306 of 2023.

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