Patna High CourtCR. MISC./38738/2024bail granted

Viresh Kumar v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38738 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Viresh Kumar Son of Late Jawahir Sahani Resident of Village - Mehawa, P.S.- Sugauli, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Banjariya P.S. Case No. 09 of 2024 lodged on 11.03.2024 under Section 272, 273, 414 of I.P.C & under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the total recovery is 60 litres of wine from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that he is unnecessarily been arrested by the police and the recovery of wine has been made from the motorcycle and he further submits that the petitioner is not the owner of the motorcycle. Learned counsel next submits that antecedent of the

Patna High Court CR. MISC. No. 38738 of 2024(2) dt.27-05-2024 2/2 petitioner is clean and he is in custody since 12.03.2024.

4. Learned counsel for the state opposes the prayer for bail and submits that the motorcycle from where the petitioner has been arrested was alleged to be distorted motorcycle, engine and chechis no.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Banjariya P.S. Case No. 09 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

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