Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35308 of 2023 Arising Out of PS. Case No.-496 Year-2019 Thana- BEUR District- Patna ====================================================== PINTU KUMAR SON OF RMOSHHWAR RAY @ RAMESHWAR RAY RESIDENT OF VILLAGE- NATTHUPUR PAKRI, PS- BEUR, DISTTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr Mithlesh Kumar Khare, 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 Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Beur Police Station (for brevity, PS) Case No 496 of 2019 dated 29.12.2019 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Amendment Act.

As per prosecution case, total 308 liters of illicit country made liquor and 7.5 liters of foreign liquor was

Patna High Court CR. MISC. No.35308 of 2023(2) dt.25-05-2023 2/2 recovered from the vehicle of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal case, as stated in paragraph 3 of the bail petition. He is in custody in this case since 12.04.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise, Patna in Special Case No 11641 of 2019 arising out of Beur PS Case No 496 of 2019 dated 29.12.2019.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T