Patna High CourtCR. MISC./29780/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-05-18Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29780 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- DELHA District- Gaya ====================================================== Vikash Kumar Son Of Late Suresh Sao @ Suresh Saw Resident of VillageNew Godown, Sabji Mandi, Police Station- Kotwali and District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

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

2. Petitioner seeks regular bail in connection with Delha P.S. Case No. 495 of 2022 dated 25.12.2022 registered for the offences punishable under Sections 30(a), 45 and 37(2) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of one cane (canister) containing beer but the said article is not stated to have been specifically recovered from the possession of this petitioner and as per the allegation, this petitioner and other co-accused persons were found in intoxicated condition and except this, there is no any other specific allegation against this petitioner. Further submissions

Patna High Court CR. MISC. No.29780 of 2023(2) dt.18-05-2023 2/2 are that the petitioner is a very young person and against him there is criminal antecedent of one case which was lodged under the offences of I.P.C. and Arms Act and in the present matter, he has been languishing in jail since 26.12.2022 and against him, the investigation has been completed.

4. Per Contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged 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 Court concerned in connection with Delha P.S. Case No. 495 of 2022.

(Shailendra Singh, J) annu/- U T