Sumit Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33997 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== SUMIT KUMAR @ KALLU S/O RAM PRASAD @ SITA RAM R/O Mohalla-Kathari Bagh (Daldali Bazar), P.S.-Town, District-Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Harshvardhan For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== 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 Town P.S. Case No. 224 of 2023 dated 07.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 138.24 litres of foreign liquor was recovered from a Pick-up Vehicle and the petitioner and the co-accused were trying to flee away but were apprehended.

Patna High Court CR. MISC. No.33997 of 2023(2) dt.25-05-2023 2/2 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 is neither the driver nor the owner of the seized vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.03.2023.

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, Saran at Chapra in connection with Town P.S. Case No. 224 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T