Patna High CourtCR. MISC./82191/2023allowed

Mukesh Dhangar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82191 of 2023 Arising Out of PS. Case No.-507 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Mukesh Dhangar Sonof Late Gopal Dhangar @ Gopal Dhagr R/O VillageChhatauni Chowk @ Payal Cinema Chowk, Dhangar Toli, P.S.- Chhatauni, Dist.- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 30 litres of illicit liquor from Jalkumbhi.

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 place of occurrence. The name of the petitioner has been disclosed in this case by local people. There is no independent witness of the alleged seizure.

Patna High Court CR. MISC. No.82191 of 2023(2) dt.19-12-2023 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, petitioner is languishing in judicial custody since 18.10.2023.

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 learned Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 507 of 2023.

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