Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83435 of 2023 Arising Out of PS. Case No.-924 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Badal Kumar Son Of Mainegar Ram R/O Village- Haribalama, P.S.- Nautan, Dist.- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 846 litres of illicit liquor from a Scorpio vehicle and 90 litres of illicit liquor from two motorcycles.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.83435 of 2023(2) dt.05-01-2024 2/3 falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. He has no concern either with the alleged recovery or with the vehicles in question. Moreover, the petitioner is languishing in judicial custody since 04.10.2023. Similarly situated coaccused Dinesh Kumar Yadav has already been granted bail vide order dated 02.01.2024, passed in Cr. Misc. No. 82833 of 2023 by this Court.

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

Having heard learned counsel for the parties and taking into consideration 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 in connection with Siwan Excise P.S. Case No. 924 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.83435 of 2023(2) dt.05-01-2024 3/3 to the satisfaction of the learned Exclusive Special Excise Judge II, Siwan.

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