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Patna High CourtCR. MISC./25097/2023bail granted

Kishan Kumar @ Pradeep Sharma @ Pradeep Thakur v. The State Of Bihar

2023-05-15Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25097 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== KISHAN KUMAR @ PRADEEP SHARMA @ PRADEEP THAKUR, aged about 32 years (M), S/O KUNDAN THAKUR @ KUNDAN SHARMA Resident of Village- Raghunathpur (Balganga), P.S.- Raghunathpur, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Nautan P.S. Case No. 64 of 2023 dated 19.02.2023 registered for the offence(s) punishable under Section(s) 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 18 litres of foreign liquor from the possession of one co-accused Prem Ranjan Kumar, who was riding on a motorcycle at the time of recovery and 52.2 litres of foreign liquor from a car and petitioner has been wrongly shown as

Patna High Court CR. MISC. No.25097 of 2023(2) dt.15-05-2023 2/2 driver of the said car but in actual he was a passer-by and he was made accused only on suspicion and he is neither owner nor driver of the alleged car. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 20.02.2023 and against him, the investigation has been completed.

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

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Nautan P.S. Case No. 64 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T