Patna High CourtCR. MISC./35424/2023bail granted

Kanhaiya Kumar v. The State Of Bihar

2023-06-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35424 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Kanhaiya Kumar R/O Village- Sonwari, P.S. Rajnagar District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 62 of 2023 dated 22.03.2023, G.R. No. 461 of 2023 lodged under Sections 272, 273, 414 of the I.P.C. read with Sections 30(a)/ 41 of Bihar Prohibition and Excise Act, 2018.

4. As per the prosecution case, the total recovery of 90 litre Nepali desi wine has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since

Patna High Court CR. MISC. No.35424 of 2023(2) dt.08-06-2023 2/2 23.03.2023 in which charge-sheet has already been filed. Counsel submits that the said recovery, as per the seizure list has been made on the road, which was identified near the western side of Alankar Jewellers Shop. He submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Babubarhi P.S. Case No. 62 of 2023 dated 22.03.2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T