Patna High CourtCR. MISC./38367/2023bail granted

Govind Kumar v. The State Of Bihar

2023-07-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38367 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== GOVIND KUMAR S/O LATE SEVAK RAM R/O Village- Mananpur Bazar, PS. Chanan, Dist. Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Chanan P.S. Case No. 16 of 2023 registered for the offence under Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.02.2023 and he consumed 1.4 M.L alcohol.

Learned APP has vehemently opposed the prayer of bail.

The allegation against the petitioner is that he was found in drunken condition and he is custody since 02.02.2023. If a persons is found in drunken condition and has

Patna High Court CR. MISC. No.38367 of 2023(2) dt.05-07-2023 2/2 some antecedents, the bail should not be dismissed by learned Sessions Judge-IV-cum-Special Excise Judge-I, Lakhisarai. While considering the bail applications of such persons the Special Judge should not dismiss the same so that they have to travel to High Court for bail.

Considering the period of custody , this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-IV-cum-Special Excise Judge-I, Lakhisarai in connection with Chanan P.S. Case No. 16 of 2023. (Sandeep Kumar, J) Harsh/ U T