Patna High CourtCR. MISC./32896/2023bail granted

Brajesh Kumar v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32896 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- RAJAON District- Banka ====================================================== BRAJESH KUMAR Son of Rampadarath Chaurasiya R/o Village - Sonwan (Sonma), Ward No.- 06, P.S.- Bakhri, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 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 Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Rajoun (Nawada Bazar OP) Police Station (for brevity, PS) Case No 177 of 2023 dated 13.04.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 303.09 litres of illicit foreign liquor was recovered from the Bolero car which

Patna High Court CR. MISC. No.32896 of 2023(2) dt.24-05-2023 2/2 was being driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph 3 of the bail petition. He is in custody since 14.04.2023. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Banka in Rajoun (Nawada Bazar OP) PS Case No 177 of 2023 dated 13.04.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T