Ujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32081 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- MALSALAMI District- Patna ====================================================== UJIT KUMAR, Son of Kaleshvar Ray @ Kaleshwar Rai @ Kaleshwar Ray Resident of mohalla - Didarganj Check Post, P.S.- Malsalami, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S. Case No. 287 of 2023 dated 24.04.2023 registered for the offences punishable u/ss 30(a) and 36 of the Bihar Prohibition and Excise Act. As per the prosecution case, total 225 litres of Mahua liquor was recovered from a pick-up-van which was being driven by the petitioner.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.32081 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. He has further submitted that the father of the petitioner is the owner of the seized vehicle. The petitioner is accused in one criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.
Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, Patna in connection with Malsalami P.S. Case No. 287 of 2023.
The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T