Shashi Kumar @ Shashidev Kumar @ Pachkhuriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33872 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== SHASHI KUMAR @ SHASHIDEV KUMAR @ PACHKHURIYA S/oRAM UDESH MAHTO Village- Virsahiya Ps- Bibhutipur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Bibhutipur P.S. Case No. 99 of 2023 registered for the offences under Sections 272, 273, 420, 467, 468, 471/34 of the Indian Penal Code and Section 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act. Learned counsel for the petitioner submits that there is recovery of 3501.690 litres of foreign liquor and petitioner has offered to deposit 50,000/- (Rupees Fifty Thousand Only) in ₹ Ram Krishna Mission Sevashrama, Swani Vivekanand Path, Bela, Muzaffarpur, Bihar- 842002, without accepting his guilt. The petitioner has four antecedents and also he is in custody

Patna High Court CR. MISC. No.33872 of 2023(2) dt.23-05-2023 2/2 since 22.03.2023.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody and the allegations levelled against the petitioner, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail after framing of charge and on furnishing bail bond of 10,000/- ₹ (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Court of learned Special Judge Excise-I, Samastipur P.S. Case No. 99 of 2023. The petitioner shall deposit an amount of 50,000/- ₹ (Rupees Fifty Thousand Only), as has been offered by him, in the Ram Krishna Mission Sevashrama, Swami Vivekanand Path, Bela, Muzaffarpur, Bihar- 842002 and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds of the petitioner shall be accepted only after he produces the receipt of 50,000/- (Rupees Fifty ₹ Thousand Only) issued by the Ram Krishan Mission, Muzaffarpur and after verification of the genuineness of the said receipt from concerned Ramkrishna Mission, Ashram. (Sandeep Kumar, J) abhishekkr/- U