Patna High CourtCR. MISC./40252/2023bail granted

Santu Kumar @ Shakha v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40252 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- HISUWA District- Nawada ====================================================== SANTU KUMAR @ SHAKHA Son of Late Bihari Prasad Yadav Resident of village - Khairati Bigha, P.S. - Hisua, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Hisua P.S. Case No. 178 of 2023 dated 08.04.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 345 litres of illicit liquor was recovered from the car which was driven by the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.40252 of 2023(2) dt.24-07-2023 2/2 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 clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2023

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Nawada in connection with Hisua P.S. Case No. 178 of 2023.

8. The application stands allowed.

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