Patna High CourtCR. MISC./20379/2024bail granted

Umesh Kumar v. The State Of Bihar

2024-03-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20379 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Umesh Kumar Son Of Jhapas Sah R/O-Ranipur, P.S.-Kumarbagh O.P., Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Purushottampur P.S Case No. 117 of 2023 registered for the offences punishable under Sections 272, 273 of the I.P.C and 30(a) of Bihar Prohibition and Excise Act

3. As per prosecution case, total 128.5 litre illicit liquor and a motorcycle was recovered.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.20379 of 2024(2) dt.18-03-2024 2/2 On perusal of seizure list there is no independent witness. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 30.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, ExciseII, Bettiah, West Champaran in connection with Purushottampur P.S Case No. 117 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T