Patna High CourtCR. MISC./85915/2023allowed

Ravishankar Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85915 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Ravishankar Kumar Nandu Paswan Resident of village-Purvi Utta, Jehanabad, police Station- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case 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 95 liters country made liquor from a vehicle and the petitioner along with driver was also apprehended on the spot.

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. The petitioner has no concern with the alleged recovery nor vehicle in question belong to him. No any

Patna High Court CR. MISC. No.85915 of 2023(2) dt.11-01-2024 2/2 incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover he is languishing in judicial custody since 12.09.2023.

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 Excise Masaurhi P.S. Case No. 466 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 Excise Judge-II, Patna. (Sunil Kumar Panwar, J) manishkumar/- U