Patna High CourtCR. MISC./82878/2023allowed

Monu Kumar @ Monu Paswan @ Abhinav Kumar v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82878 of 2023 Arising Out of PS. Case No.-370 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Monu Kumar @ Monu Paswan @ Abhinav Kumar Son Of Rajdev Paswan @ Rajdev Hajra Resident Of Village- Semra, P.S.- Chiraiya, District- East Champaran, Motihari-845415 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 70 liters of illegal country-made liquor and six gas cylinders from the Sijua Ghat.

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 with the seized liquor/article and the place of occurrence does not belongs to the

Patna High Court CR. MISC. No.82878 of 2023(2) dt.02-01-2024 2/2 petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 04.09.2023.

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 Exclusive Special Excise Court-I, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 370 of 2023.

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