Narendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31701 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== NARENDRA SON OF BALJOR Resident of Village- Ramnagar, Harigarh, Choki-Sarfabad, P.S.-Safidon, Dist-Jind(Haryana) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== 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 G.R. No. 569 of 2022 arising out of Lakhanaur P.S. Case No. 139 of 2022 dated 14.07.2022 registered for the offences punishable u/s 30(a), 32(i) (b)/36, 41(i) of Bihar Prohibition and Excise Act and Sections 420, 467, 468, 471, 120B read with section 34 of the IPC.

As per the prosecution case, total 1790.390 litres of foreign liquor was recovered from a truck.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.31701 of 2023(2) dt.22-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused persons Bhupesh Kumar@ Bipin Kumar Yadav and Vikram Singh Rathaur. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated coaccused has already been granted bail by the co-ordinate bench vide order dated 14.10.2022 passed in Cr. Misc. No. 52468 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Jhanjharpur in connection with G.R. No. 569 of 2022 arising out of Lakhanaur P.S. Case No. 139 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T