Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81880 of 2023 Arising Out of PS. Case No.-424 Year-2023 Thana- BARUN District- Aurangabad ====================================================== PIYUSH KUMAR SON OF RAVINDRA SINGH @ RAVINDRA KU. SINGH @ RAVINDRA KUMAR SINGH R/O VILLAGE- KESHAV MARKET, P.S.- BARUN, DIST.- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 216 liters of illegal liquor from a Car.

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 not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that the petitioner was in custody since 27.07.2023 in some other

Patna High Court CR. MISC. No.81880 of 2023(2) dt.19-12-2023 2/2 case instituted as Dehri Police Station Case No. 127 of 2023 in Rohtas at Sasaram District in Sasaram jail, when on 06.09.2023 the present Barun P.S. Case No. 424 of 2023 was instituted and thus the implication of this petitioner itself is false and merely on surmise and conjecture of the police. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has remanded in this case from another case on 17.10.2023 and since then he is languishing in judicial custody.

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 Special Judge Excise 1st, Aurangabad in connection with Barun P.S. Case No. 424 of 2023. (Sunil Kumar Panwar, J) Arish/- U T