Patna High CourtCR. MISC./9107/2023bail granted

Prince Kumar v. The State Of Bihar

2023-04-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9107 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== PRINCE KUMAR SON OF SURENDRA YADAV R/O VILLAGERAMPUR, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 This case has been listed out of turn at the instance of the learned counsel for the petitioner through a mentioning slip on the ground of marriage of the petitioner to be performed on 03.05.2023. The xerox copy of wedding card/invitation card has been annexed with the mentioning slip at flag-B. 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 Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2018 in connection with Wazirganj P.S.Case No. 576 of 2022. As per allegation, 310 litres of liquor was recovered from the pick up van of the petitioner.

Patna High Court CR. MISC. No.9107 of 2023(2) dt.29-04-2023 2/3 The learned counsel for the petitioner has submitted that he is a person of clean antecedent and is in custody since 27.10.2022. He has submitted further that other co-accused persons have been granted bail in Cr.Misc. No. 75124 of 2022. Considering the above facts and circumstances, let the petitioner, above-named, 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 Exclusive Special Excise Court No.1, Gaya in connection with Wazirganj P.S.Case No.576 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 fo cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

The Superintendent of Police, Gaya is directed to inquire into the matter regarding authenticity/veracity of the

Patna High Court CR. MISC. No.9107 of 2023(2) dt.29-04-2023 3/3 marriage of the petitioner to be solemnized 03.05.2023 and report to this Court within four weeks.

Office is directed to issue a letter to the Superintendent of Police, Gaya, annexing the xerox copy of the wedding card/invitation card showing the marriage of the petitioner to be performed on 03.05.2023.

List the matter after four weeks.

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