Chhote Dubey @ Chhotan Dubey @ Nand Kishore Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32021 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== CHHOTE DUBEY @ CHHOTAN DUBEY @ NAND KISHORE DUBEY, Son of Bacchu Dubey, Resident of Mohalla - Koat Bazar, Ward No.- 13, P.S.- Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Mrs. Divya Bhari, Advocate For the Opposite Party/s :

Mr.Rabindra 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 Kanhauli P.S. Case No. 194 of 2022 dated 15.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 648 litres of Nepali Saufi liquor was recovered from the possession of the petitioner. The petitioner was also apprehended with Sumo Victa vehicle. It is further alleged that the petitioner and the co-accused persons

Patna High Court CR. MISC. No.32021 of 2023(2) dt.22-05-2023 2/2 purchase liquor from Shambhu Rai and do liquor business. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner is accused in four cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.12.2022.

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, Sitamarhi in connection with Kanhauli P.S. Case No. 194 of 2022.

The application stands allowed.

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