Patna High CourtCR. MISC./2128/2023bail granted

Kishan Kumar v. The State Of Bihar

2023-04-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2128 of 2023 Arising Out of PS. Case No.-888 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Kishan Kumar, S/o Pawan Singh @ Pravin Kumar Singh @ Praveen Kumar Resident of village- Mogalpura Lala Toli, P.S.- Khajekala, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise (Patna) P.S. Case No. 888 of 2022, Special Case No. 6314 of 2022 dated 30.09.2022 registered for the offences punishable under Sections 30(a), 56(b) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner has no concern with the recovery of 100 litres of country made wine and the same was recovered from a Passion Pro motorcycle and as per allegation 50 litres of wine is stated to have been recovered from a TVS Jupiter Scooty which was in possession of the

Patna High Court CR. MISC. No.2128 of 2023(2) dt.26-04-2023 2/2 petitioner at the time of search and petitioner has fair and clean antecedent and nothing has been recovered from the conscious possession of the petitioner and he is a very young person and has been languishing in jail since 03.10.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Excise (Patna) P.S. Case No. 888 of 2022, Special Case No. 6314 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T