Patna High CourtCR. MISC./36696/2020bail granted

Sunny Kumar v. The State Of Bihar

2021-02-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36696 of 2020 Arising Out of PS. Case No.-348 Year-2018 Thana- KHAGAUL DistrictPatna ====================================================== Sunny Kumar Son of Late Raj Kumar Prasad Resident of Khagaul Choti Badalpura, Lakhpar, P.S.- Khagaul, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunit Kumar Srivastava, APP For the State :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 26.07.2020 in connection with Khagaul P.S. Case No. 348 of 2018, Special Case No. 11644 of 2018 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 180 litres of illicit foreign liquor. It is further submitted that the said goods have not been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.36696 of 2020(2) dt.01-02-2021 2/2 In any event, the petitioner has suffered more than six months in custody since 26.07.2020. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 26.07.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Khagaul P.S. Case No. 348 of 2018, Special Case No. 11644 of 2018, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T