Patna High CourtCR. MISC./38055/2023bail granted

Kewal Kishan @ Kewal Kishun v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38055 of 2023 Arising Out of PS. Case No.-289 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== KEWAL KISHAN @ KEWAL KISHUN SON OF RAJ KUMAR RESIDENT OF VILLAGE- DUDHLA MANDI, HOUSE NO. 27, PS- PARAW, DISTTAMBALA (HARIYANA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 Phulparas P.S. Case No. 289 of 2021 dated 26.07.2021 G.R. No. 1302 of 2021 dated 26.07.2021 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 2025 litres of foreign liquor was recovered from the truck.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.38055 of 2023(2) dt.28-06-2023 2/2 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 clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2023. The petitioner has no concerned with wine business regarding sell and purchase.

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, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 289 of 2021 dated 26.07.2021 G.R. No. 1302 of 2021.

The application stands allowed.

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