Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13969 of 2023 Arising Out of PS. Case No.-551 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== GAURAV KUMAR Son of Ramkeshwar Singh R/V- Panshala, P.S.- Begusarai Muffasil (Lakho O.P.), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Begusarai Mufassil P.S. Case No. 551 of 2022, dated 19.10.2022 registered for the offences punishable under Sections 272, 273 and 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 2240.280 litres of Indian made English Wine and the same is stated to have been recovered from a truck, motorcycle and bolero pick-up but the petitioner and co-accused persons are not
Patna High Court CR. MISC. No.13969 of 2023(2) dt.08-05-2023 2/3 alleged to have been arrested at the spot at the time of recovery and admittedly the recovery was made in the night and the informant did not disclose the source of identification of the accused persons and according to the FIR he raised suspicion against this petitioner and others merely on the basis of a secret information, which has no evidentiary value and considering this aspect three co-accused persons namely, Amit Singh @ Amit Kumar, Manjesh Singh @ Manjesh Kumar, Bablu Singh@ Binod Kumar Singh and Md. Naushad, carrying similar nature of allegation, have been granted regular and anticipatory bail by co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 626 of 2023, 71642 of 2022 and 6153 of 2023 and petitioner's case stands on better footing from them as he has been languishing in jail since 21.11.2022 and against him the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions, in my opinion petitioner deserves to the privilege of bail. 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
Patna High Court CR. MISC. No.13969 of 2023(2) dt.08-05-2023 3/3 connection with Begusarai Mufassil P.S. Case No. 551 of 2022. (Shailendra Singh, J.) maynaz/- U T