Sarvesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 36784 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- KANKARBAG District- Patna ====================================================== SARVESH KUMAR SON OF MAHESHAR RAY @ MAHESHWA RAY RESIDENT OF VILLAGE- NAYA TOLA PAHARPUR, PS- RAGHOPUR DISTT- VAISHALI A/P POSTALPARK, RENTER INTHE HOUSE OF KAUSHAL SINGH PS- KANKARBAGH, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :
Mr Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.
The petitioner has preferred this application for grant of regular bail in connection with Special Case No 3148 of 2023 arising out of Kankarbagh PS Case No 357 of 2023 dated 31.03.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 85.200 litres of country made liquor was recovered from the gumti.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears antecedents, as stated in paragraph 3
Patna High Court CR. MISC. No.36784 of 2023(3) dt.07-07-2023 2/2 of the bail petition. He is in custody in this case since 01.04.2023.
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 Special Judge, Excise, Patna in Special Case No 3148 of 2023 arising out of Kankarbagh PS Case No 357 of 2023 dated 31.03.2023.
This application stands allowed.
(Chandra Prakash Singh, J) M.E.H./- U T