Patna High CourtCR. MISC./31997/2023bail granted

Sunil Kumar v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31997 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== SUNIL KUMAR S/o Birendra Chaudhary @ Birendr Chaudhary Resident of Village- Siswa Sarea, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== 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 Yogapatti P.S. Case No. 51 of 2023 dated 7.2.2023 registered for the offences punishable u/s 272, 273, 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, recovery is of 30 litre of country made liquor from the motorcycle of the petitioner. The motorcycle is alleged to be stolen one.

Patna High Court CR. MISC. No.31997 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 8.2.2023.

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, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 51 of 2023.

The application stands allowed.

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