Patna High CourtCR. MISC./33990/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33990 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- AMBA District- Aurangabad ====================================================== VIKASH KUMAR Son of Ramashray Yadav Resident of Village - Kansh, P.S.- Barun, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 Amba P.S. Case No. 78 of 2023 dated 02.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 144.68 litres of country made liquor and foreign liquor was recovered from a car which was being driven by the petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33990 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the seized vehicle and he has no knowledge about the said recovery. 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 03.04.2023. 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, Aurangabad in connection with Amba P.S. Case No. 78 of 2023.

The application stands allowed.

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