Patna High CourtCR. MISC./34668/2023bail granted

Sumit 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.34668 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== SUMIT KUMAR RAJ KUMAR MUKHIYA RESIDENT OF VILLAGE BAISA WARD NO 10 POLICE STATION BHAPTIYAHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== 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 S.T. Case NO. 270 of 2023 arising out of Bhaptiyahi P.S. Case No. 20 of 2023 dated 6.3.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, recovery is of 423 litres of Nepali liquor from the boat.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34668 of 2023(2) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up from the information of the local security guard. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.3.2023.

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, Supaul in connection with S.T. Case No. 270 of 2023 arising out of Bhaptiyahi P.S. Case No. 20 of 2023. The application stands allowed.

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