Patna High CourtCR. MISC./33080/2023bail granted

Saurabh Kumar @ Mulayam Kumar @ Umakant Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33080 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- GOH District- Aurangabad ====================================================== Saurabh Kumar @ Mulayam Kumar @ Umakant Kumar, Son of Virendra Yadav, R/o Village- Neyamatpur, P.S.- Goh, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Goh P.S. Case No. 70 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that there is recovery of 2569 litres of illicit liquor. The petitioner has clean antecedent and he is in custody since 02.04.2023. The petitioner has offered to deposit Rs. 45,0000/- (Rupees Forty Five Thousand Only) in Ramkrishna Mission Ashrama, Patna, without accepting his guilt.

Learned A.P.P. has vehemently opposed the prayer for

Patna High Court CR. MISC. No.33080 of 2023(2) dt.23-05-2023 2/2 bail.

Considering the period of custody of the petitioner and also the fact that he has clean antecedent, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail after framing of charge and on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Special Judge, Excise-II, Aurangabad (Bihar) in connection with Goh P.S. Case No. 70 of 2023.

The petitioner shall deposit an amount of Rs. 45,0000/- (Rupees Forty Five Thousand Only), as has been offered by him, in the Ramkrishna Mission Ashrama, Patna, and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds of the petitioner shall be accepted only after he produces the receipt of Rs. 45,0000/- (Rupees Forty Five Thousand Only) issued by the Ramkrishna Mission Ashrama, Patna and after verification of the genuineness of the said receipt from concerned Ramakrishna Mission Ashrama.

(Sandeep Kumar, J) avinash/- U T