Patna High CourtCR. MISC./35198/2023bail granted

Shekh Jainul @ Sk Jainal v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35198 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Shekh Jainul @ Sk Jainal S/O Sk. Sahitu R/O Village- Bus Stand, Lakhipara, P.S- Harishchandrapur, Distt.- Malda (W.B) ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, 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 Balia Belon P.S Case No. 52/2023 dated 23.04.2023 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act. As per the prosecution case, total 455.64 litres of illicit foreign liquor has been recovered from a white Bolero . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.35198 of 2023(2) dt.25-05-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner-cumdriver of the said vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.

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, Katihar in connection with Balia Belon P.S Case No. 52/2023.

The application stands allowed.

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