Patna High CourtCR. MISC./5595/2023bail granted

Sahul Kumar v. The State Of Bihar

2023-05-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5595 of 2023 Arising Out of PS. Case No.-572 Year-2022 Thana- BYPASS District- Patna ====================================================== SAHUL KUMAR Son of Lalbabu Ray Resident of Village- Alampur Kachi Dargah Bazar Par, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bypass P.S. Case No. 572 of 2022 dated 21.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution case, total 115 litres of illicit country made liquor was recovered from the place of occurrence while the two miscreants were hiding it in straw and they were

Patna High Court CR. MISC. No.5595 of 2023(2) dt.05-05-2023 2/2 apprehended who disclosed their names as Sahul Kumar and coaccused Gopal Kumar. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the fact that the petitioner has clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Bypass P.S. Case No. 572 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T