Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37641 of 2023 Arising Out of PS. Case No.-569 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== SOURAV KUMAR Son of Puran Sharma @ Rajhans Kumar Resident of village - Tintanga Karari, P.S. - Gopalpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== 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 Gopalpur P.S. Case No. 569 of 2022 dated 11.11.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 100 litres of liquor is alleged to have recovered from a e-rickshaw.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37641 of 2023(2) dt.28-06-2023 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the vehicle. The name of the petitioner has sprung up in the confessional statement of co-accused Vikash Kumar. The co-accused persons have already been granted bail by the Coordinate Bench of this Court vide order dated 8.5.2023 passed in Cr. Misc. No. 20316 of 2023 and Cr. Misc. No. 14693 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 8.2.2023.

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, Bhagalpur in connection with Gopalpur P.S. Case No. 569 of 2022.

The application stands allowed.

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