Patna High CourtCR. MISC./39453/2023bail granted

Dinesh Kumar v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39453 of 2023 Arising Out of PS. Case No.-10 Year-2019 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== DINESH KUMAR S/O LOK RAM R/O Vill. Dharuhera, 191-Part-1, Sector6, PS. Dharuhera, Dist. Rewari, State-Hariyana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 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 Bhairab Asthan P.S. Case No. 10 of 2019 corresponding to G.R. No. 148 of 2019 dated 28.1.2019 registered for the offence punishable u/s 272, 273, 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 3102 litres of liquor is alleged to have recovered from a truck. The petitioner is alleged

Patna High Court CR. MISC. No.39453 of 2023(2) dt.05-07-2023 2/2 to have the owner of the said truck.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.4.2023.

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, Madhubani in connection with Bhairab Asthan P.S. Case No. 10 of 2019 corresponding to G.R. No. 148 of 2019. The application stands allowed.

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