Patna High CourtCR. MISC./5959/2023bail granted

Subodh Kumar v. The State Of Bihar

2023-05-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5959 of 2023 Arising Out of PS. Case No.-1491 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== SUBODH KUMAR SON OF ADHIKLAL MANDAL R/O VILLAGEPAKAR TALLA, P.S.- KAHALGAON, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 registered in connection with Kahalgaon (Rasalpur) P.S.Case No. 1491 of 2022.

The learned counsel for the petitioner has submitted that the petitioner is in custody since 30.12.2022 for the allegation that 65 litres of liquor was recovered from his erickshaw. He has submitted further that he was merely a driver of that e-rickshaw and was not aware of the consignment carried by the passengers.

Patna High Court CR. MISC. No.5959 of 2023(2) dt.01-05-2023 2/2 Considering the above facts and circumstances, clean antecedent and period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court No.2, Bhagalpur in connection with Kahalgaon (Rasalpur) P.S.Case No. 1491 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T