Abhinav Singh @ Abhinav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24131 of 2024 Arising Out of PS. Case No.-790 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Abhinav Singh @ Abhinav Kumar Son of Nagendra Singh @ Nagendra Prasad Singh Resident of Village- Mansurchak, Police Station and DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 790 of 2023 instituted for the offence under Sections 37(i) & 45 of the Bihar Prohibition and Excise Act.

3.

Prosecution case in a nutshell is that petitioner was arrested by the police in an inebriated condition. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-10-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.24131 of 2024(2) dt.08-04-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that he was going to market and the police caught him on extraneous consideration. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the 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 Court below/concerned Court in connection with Lakhisarai P.S. Case No. 790 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.24131 of 2024(2) dt.08-04-2024 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T