Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1597 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Abhishek Kumar S/O Sushil Mahto Village- Berai, Ps. Hathauri, Dist. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 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) of the Bihar Prohibition & Excise Act. There is recovery of 67.140 litres of illicit liquor from an auto-rickshaw.

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 owner and driver of the auto-rickshaw and

Patna High Court CR. MISC. No.1597 of 2024(2) dt.24-01-2024 2/2 he was not aware about the illicit liquor being carried out in the auto-rickshaw. The petitioner has no concern with the illicit liquor. The petitioner is languishing in custody since 08.11.2023. 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 Exclusive Special Judge-II, Excise Act, Darbhanga in connection with Singhwara P.S. Case No. 213 of 2023.

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