Patna High CourtCR. MISC./82543/2023allowed

Abhinandan Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82543 of 2023 Arising Out of PS. Case No.-669 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Abhinandan Kumar Son Of Bishundeo Raut @ Visunudev Raut R/O VillageBara Tola, Sahar, P.S.- Saharghat, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 767 litres of illicit liquor from a Scorpio bearing Reg. No. DL-9CL-2266. Petitioner was alleged to be apprehended on spot. 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 vehicle in question. Nothing incriminating has been recovered from his conscious

Patna High Court CR. MISC. No.82543 of 2023(2) dt.20-12-2023 2/2 possession. There is no independent witness of the alleged seizure. Moreover, petitioner is languishing in judicial custody since 27.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Special Judge I (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 669 of 2023.

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