Patna High CourtCR. MISC./84375/2023allowed

Aaditya Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84375 of 2023 Arising Out of PS. Case No.-711 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Aaditya Kumar Son Of Mundra Ram R/O Vill Yarpur Ambedkar Colony PsGardanibagh, Dist Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition & Excise Act.

There is recovery of 74.88 litres of illicit Indian made foreign liquor from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.84375 of 2023(2) dt.09-01-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the seized illicit liquor. The petitioner is languishing in custody since 20.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, ExciseIII, Patna in connection with Special Case No. 6829 of 2023, arising out of Gardanibagh P.S. Case No. 711 of 2023.

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