← Library
Patna High CourtCR. MISC./33216/2023bail granted

Vivek Kumar Sah v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33216 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MANSAHI District- Katihar ====================================================== VIVEK KUMAR SAH, son of Bishwanath Sah @ Visv Nath Sah, VillageBaghmara PS- Manihari Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mansahi P.S. Case No.45 of 2023, lodged on 06.04.2023 under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 (hereinafter referred to as 'the Act').

3. As per the prosecution case, 10 litres of Cough Syrup has been recovered from the possession of the petitioner on the basis of which FIR under Section 30 (a) of the Act has been lodged.

4. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 07.04.2023. The chargesheet has already been filed in this case.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.33216 of 2023(2) dt.08-06-2023 2/2 bail of the petitioner.

6. 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 Additional District and Sessions Judge-cum- Exclusive Excise (Special) Judge Court No.2, Katihar in connection with G.R. No.1855/2023, arising out of Mansahi P.S. Case No. 45 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J) Ashwini/- U