Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34148 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Amarjeet Kumar Son Of Phuchi Raut Resident Of Village Hanuman Nagar, Ps- Mohiuddin Nagar, Distt- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== 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 Mohiuddin Nagar P.S Case No. 92 of 2021 dated 05.05.2021 registered for the offence punishable under Section 272 and 273 read with 34 of the IPC and u/s 30(a) of the Bihar Excise and Prohibition Act. As per the prosecution case, total 453 liters of illicit foreign liquor has been recovered from the possession of coaccused person. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34148 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted anticipatory bail by the Co-ordinate bench of this Court vide order dated 18.11.2022 passed in criminal miscellaneous No. 47497 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2023.

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, Samastipur in connection with Mohiuddin Nagar P.S Case No. 92 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U