Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32678 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== BINAY KUMAR S/O BHAGWAN RAM R/O Village- Hasanpurwa Ariyari Tola, P.S- Muffasil, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Barauni (FCI O.P.) P.S. Case No. 35 of 2023 registered for the offence punishable under Sections 30(a), 41(i) of the Bihar Prohibition and Excise (Amendment)Act, 2018. Learned counsel for the petitioner submits that the there is recovery of 387.750 litres of illicit liquor from the vehicle in question and also the petitioner is in custody since 26.01.2023. The petitioner has no criminal antecedent. Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.32678 of 2023(2) dt.23-05-2023 2/2 Considering the nature of allegation levelled against the petitioner, his period of custody and his clean antecedent, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-1, Begusarai in connection with Barauni (FCI O.P.) P.S. Case No. 35 of 2023. (Sandeep Kumar, J) shakir/- U T