Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34350 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Ashok Kumar Singh, S/O Sri Ram Prasad Singh, R/O Village-Sukki Dhata Tola, P.S. Khajauli, Distt. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== 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 Khajauli P.S. Case No. 38 of 2023 dated 06.03.2023 registered for the offences punishable u/s 272, 273 and 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 180 litres of illegal liquor and two motorcycles were recovered. On seeing the police, two miscreants boarded on two motorcycles started to flee away but one miscreant was apprehended who disclosed his name as the petitioner Ashok Kumar Singh and also disclosed the name of

Patna High Court CR. MISC. No.34350 of 2023(2) dt.25-05-2023 2/2 escaped person as Vivek Kumar.

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. He has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of 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, Madhubani in connection with Khajauli P.S. Case No. 38 of 2023.

The application stands allowed.

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