Patna High CourtCR. MISC./34918/2023bail granted

Darshan Kumar @ Darshan Kumar Sah v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34918 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== DARSHAN KUMAR @ DARSHAN KUMAR SAH Son of Thakur Sah @ Thaklur Goad Resident of Village Rampur Makun PS- Bishambarpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 Dumariyaghat P.S Case No 63 of 2023 dated 27.02.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise (Amendment) Act 2018.

There was a recovery of 757.980 liters of illicit foreign liquor from the Bolero pick-up vehicle which was being

Patna High Court CR. MISC. No.34918 of 2023(2) dt.25-05-2023 2/2 driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner . The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.02.2023.

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, East Champaran at Motihari in connection with Dumariyaghat P.S. case No 63 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/ Kaushik U T