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Patna High CourtCR. MISC./1048/2024allowed

Saurav Kumar v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1048 of 2024 Arising Out of PS. Case No.-1362 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== Saurav Kumar Son Of Manoj Kumar Mandal @ Manoj Mandal Resident Of Mohalla -SANTAR Mohalla Lakhisarai P.S-Lakhisarai Dist-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 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 452.250 litres of illicit Indian made foreign liquor from a pick-up van. 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 has no concern either with the seized vehicle or the illicit liquor. The petitioner is languishing in

Patna High Court CR. MISC. No.1048 of 2024(2) dt.23-01-2024 2/2 custody since 19.10.2023. 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.

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

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, Jamui in connection with Jam P.S. Case No. 1362 of 2023.

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