Hari Prasad @ Harishanker Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20035 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== HARI PRASAD @ HARISHANKER KUSHWAHA Son of Late Deoraj Prasad @ Deoraj Bhagat R/V- Chaintola Imiliya P.S- Kateya Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Kateya P.S. Case no. 48 of 2023 registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 8.6 litres of liquor was recovered from the dickey of the motorcycle belonging to the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or from his motorcycle. He has been falsely implicated in the case because of his antecedent. He is in custody since 2.2.2023 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.20035 of 2023(2) dt.16-05-2023 2/2 Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner having remained in custody for over 3 months since 2.2.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kateya P.S. Case no. 48 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge II-cum- Special Judge, Excise Court I, Gopalganj.
(Partha Sarthy, J) Spd/- U T