Patna High CourtCR. MISC./39605/2023bail granted

Santosh 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.39605 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- KHAIRA District- Jamui ====================================================== SANTOSH KUMAR Son of Dwarika Yadav Resident of village - Baribagh, P.S. - Khaira, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== 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 Khaira P.S. Case No. 151 of 2023 dated 3.4.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 20 litres of liquor is alleged to have recovered from the dicky of a motorcycle. The petitioner is alleged to have apprehended from the place of occurrence.

Patna High Court CR. MISC. No.39605 of 2023(2) dt.05-07-2023 2/2 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 is neither driver nor the owner of the vehicle. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 3.4.2023.

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, Jamui in connection with Khaira P.S. Case No. 151 of 2023.

The application stands allowed.

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