Patna High CourtCR. MISC./2510/2024allowed

Mohit Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2510 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- ROH District- Nawada ====================================================== MOHIT KUMAR SON OF RAMASHISH SHARMA RESIDENT OF VILLAGE - MARCHOI, P.S. - SATGAWAN, DISTRICT - KODERMA, JHARKHKAND - 825132 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sahvind Kumar Sharma For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 332 liter beer and 78 liter English wine was recovered from a tractor and a motorcycle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.2510 of 2024(2) dt.01-02-2024 2/2 recovery and he was also not apprehended from the place of recovery. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted the seizure list has not been prepared as per provision of law. The petitioner is languishing in judicial custody since 28.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Roh P.S. Case No. 323 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court-II, Nawada. (Sunil Kumar Panwar, J) manishkumar/- U T