Patna High CourtCR. MISC./35296/2023bail granted

Sunil 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.35296 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== SUNIL KUMAR SON OF DINESH SAH RESIDENT OF VILLAGEPAKRI, PS- SAHARGHAT, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Gagan Deo Yadav, Vinod Kr, Advocates For the Opposite Party/s :

Mr Suresh Prasad Singh, 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 GR No 425 of 2023 arising out of Madhwapur Police Station (for brevity, PS) Case No 28 of 2023 dated 15.03.2023 registered for the offence punishable under Sections 272, 273, 414/34 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise (Amended) Act, 2022.

Patna High Court CR. MISC. No.35296 of 2023(2) dt.25-05-2023 2/2 As per prosecution case, total 54 liters of illicit liquor has been recovered from the motorcycle 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 one criminal case, as stated in paragraph 3 of the bail petition. He is in custody in this case since 16.03.2023.

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

Considering the aforesaid facts and circumstances of the case, the 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 Additional Sessions Judge II -cumSpecial Judge, Excise Act, Madhubani in GR No 425 of 2023 arising out of Madhwapur PS Case No 28 of 2023 dated 15.03.2023.

This application stands allowed.

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