Patna High CourtCR. MISC./3876/2024allowed

Devnath 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.3876 of 2024 Arising Out of PS. Case No.-2456 Year-2023 Thana- Excise P.S. District- Purnia ====================================================== Devnath Kumar Son Of Amiri Yadav Resident Of Bhodei Ward No 07, Ps Arer, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 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) of the Bihar Prohibition & Excise Act. There is recovery of 50.475 litres of illicit Indian made foreign liquor from a car.

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 from the conscious possession of the petitioner. The petitioner is only the driver of the car and he has no

Patna High Court CR. MISC. No.3876 of 2024(2) dt.01-02-2024 2/2 concern with the illicit liquor. The petitioner is languishing in custody since 26.11.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is directed to deposit a sum of Rs. 5,000/-(Rupees Five Thousands) in the District Legal Services Authority, Purnea.

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 Exclusive Special Judge, Excise-II, Purnea in connection with Excise P.S. Case No. 2456 of 2023.

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