Patna High CourtCR. MISC./33681/2023bail granted

Rupesh 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.33681 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- BAUNSI District- Banka ====================================================== RUPESH KUMAR SON OF KRISHNA PRASAD YADAV VillageRanipatti, Ps- Kumarkhand, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P ====================================================== 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bounsi P.S. Case No. 90 of 2023 dated 05.04.2023 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018.

As per the prosecution case, total 134.28 litres of illicit foreign liquor was recovered from a Tata Indigo Car.. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33681 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said car. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.4.2023. 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 Additional District & Sessions Judge-II, Banka in connection with Special Excise Case No. 212 of 2023 ( arising out of Bounsi P.S. Case No 90 of 2023.) The application stands allowed.

(Chandra Prakash Singh, J) Guddu kr/- U T