Kubod Poddar @ Kumod Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31603 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== KUBOD PODDAR @ KUMOD PODDAR Son of Late Ravindra Poddar Resident of village - Baksa Mohbatia, P.S. - Simultalla, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, 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 Tetarhat P.S. Case No. 57 of 2021 dated 31.05.2021 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 792 litres of illicit foreign liquor was recovered from the Bolero Pick-up vehicle. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31603 of 2023(2) dt.22-05-2023 2/2 case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused driver Pradeep Kumar Yadav. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2023. 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 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, Lakhisarai in connection with Tetarhat P.S. Case No. 57 of 2021.

The application stands allowed.

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