Patna High CourtCR. MISC./7028/2023bail granted

Gorakh Bind v. The State Of Bihar

2023-05-01Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7028 of 2023 Arising Out of PS. Case No.-516 Year-2022 Thana- BYPASS District- Patna ====================================================== GORAKH BIND Son of Late Kapil Bind Resident of Village - Bahari Begampur, P.S.- Bypass, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-05-2023

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

2. Petitioner seeks regular bail in connection with Bypass P.S. Case No. 516 of 2022, dated 24.11.2022 registered for the offences punishable under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that though the instant matter relates to recovery of 210 litres of country-made Mahua Wine, which is stated to have been recovered from the possession of this petitioner but the petitioner has fair and clean antecedent and against him the investigation has been completed and the said recovery of wine is stated to have been made before two police personnel, accordingly, there is no independent witness of the alleged

Patna High Court CR. MISC. No.7028 of 2023(2) dt.01-05-2023 2/2 recovery of wine.

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

5. Considering the above submissions and mainly petitioner's fair and clean antecedent as mentioned in the petition, his custody period and completion of investigation against him and also the fact that as per seizure list, the alleged recovery was made before police personnel, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bypass P.S. Case No. 516 of 2022.

(Shailendra Singh, J.) maynaz/- U T