Ashish Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34398 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- AMARPUR District- Banka ====================================================== ASHISH KUMAR BHAGAT Son of Manoj Kumar Bhagat Resident of village - Kajiwalichak, ward no. 19, P.S. - Tetarpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

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

The petitioner seeks bail in connection with Special Excise Case No. 27 of 2023 arising out of Amarpur P.S. Case No. 24 of 2023 registered for the offence under Section 30A of the Bihar Prohibition & Excise Act 2022.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.01.2023 and the petitioner is quite innocent.

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

Apart from the offences mentioned in the I.P.C., the

Patna High Court CR. MISC. No.34398 of 2023(2) dt.25-05-2023 2/2 chargesheet has been submitted under Section 8(b), 22(b), 18(c), 27(b)(ii) of the N.D.P.S. Act and under Section 30(A) of the Bihar Prohibition and Excise Act, 2022. He is not accused in any other case of Excise Act or the N.D.P.S. Act. Considering the aforesaid facts, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Banka/concerned Court below in connection with Special Excise Case No. 27 of 2023 arising out of Amarpur P.S. Case No. 24 of 2023 subject to the condition that:- (I) The petitioner will mark his attendance at the Tetarpur Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) shishir/- U