Atul Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19530 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ATUL UPADHYAY Son of Dayashankar Upadhyay Resident of village - Mainpura, P.S. - Ara Mufasil (Dhobaha out post), District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Ara Muffasil P.S. Case No. 398/2022, registered for the offence punishable 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is innocent has falsely been implicated in this case. Petitioner has no criminal antecedent. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 29.12.2022. Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against

Patna High Court CR. MISC. No.19530 of 2023(2) dt.10-05-2023 2/2 the petitioner, his period of custody, this application is allowed. 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 the learned Exclusive Special Excise Court no.-1, Bhojpur, Ara in connection with Ara Muffasil Police Station Case No. 398/2022. (Sandeep Kumar, J) Ranjeet/- U T