Patna High CourtCR. MISC./34847/2023bail granted

Sinku Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34847 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Sinku Kumar S/O Bijo Yadav @ Bijendra Yadav R/O Bhagwanpur, Ward No. 5, P.S.-Saur Bazar (Baijnathpur O.P.), Khajuri, Dist.-Saharsa, Bihar, Pin Code-852221 ... ... Petitioner/S

Versus

The State Of Bihar Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr.Raushan For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== 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 Gwalpara Arar P.S Case No 55 of 2023 dated 29.03.2023 registered for the offences punishable u/s 30 (a) (c) of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, total 175.17 foreign

Patna High Court CR. MISC. No.34847 of 2023(2) dt.25-05-2023 2/2 liquor was recovered from the scorpio.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2023.

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 Court of Addiitonal District & Sessions Judge-V, Madhepura in connection with Gwalpara Arar P.S. Case No. 55 of 2023.

The application stands allowed.

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