Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13557 of 2023 Arising Out of PS. Case No.-665 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Uday Kumar Son of Suresh Ray R/O Village- Hamampar, Ram Autar Khatri Gali, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Alamganj P.S. Case No. 665 of 2018 dated 09.11.2018 registered for the offences punishable under Sections 279, 337 and 427 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3.

The main submissions advanced by learned counsel for petitioner are that the petitioner is not named in the FIR, as per prosecution's allegation 800 litres of illicit country made wine is stated to have been recovered from a magic vehicle and in actual one person namely, Naushad Alam is owner of the said vehicle but during investigation he made a false statement regarding the transfer of ownership to this petitioner in order to save himself from the liability arising out of the recovery of the

Patna High Court CR. MISC. No.13557 of 2023(2) dt.05-05-2023 2/2 alleged wine and the said Naushad Alam submitted only an affidavit before the Investigating Officer to substantiate his claim of transfer of the ownership. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 06.01.2023 and against him the investigation has been completed.

4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent, his custody period, the completion of investigation against him and also the facts that he is not named in the FIR and he has made the statement in paragraph no. 7 of the petition that he is neither owner nor driver of the alleged vehicle from which the alleged wine was recovered, 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 concerned Court in connection with Alamganj P.S. Case No. 665 of 2018.

(Shailendra Singh, J) Shahnawaz/- U T