Patna High CourtCR. MISC./15845/2023bail granted

Om Prakash Thakur v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15845 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== OM PRAKASH THAKUR Son of Ram Bilash Thakur R/V- Khaira Math Ward no. 13, P.S- jaynagar Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== 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 Khajauli P.S. Case No. 260 of 2022, dated 18.12.2022 registered for the offences punishable under Sections 272 and 273 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 54 litres of Nepali country made Wine and the same is stated to have been made from the possession of this petitioner and according to the prosecution this petitioner was apprehended while carrying the alleged wine on motorcycle but he has been falsely roped in this case and the alleged wine has wrongly been

Patna High Court CR. MISC. No.15845 of 2023(2) dt.08-05-2023 2/2 shown as having been found in his possession and moreover he has been languishing in jail since 19.12.2022 having fair and clean antecedent and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's custody period, completion of investigation against him and also his fair and clean antecedent, 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 the concerned Court in connection with Khajauli P.S. Case No. 260 of 2022.

(Shailendra Singh, J.) maynaz/- U T