Patna High CourtCR. MISC./43440/2023bail granted

Mister Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43440 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== MISTER KUMAR, Son of Pramod Roy Resident of village - Rachiyahi, Balahpur tola ward no. 03, P.s. - Matihani, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Barauni P.S. Case No. 134 of 2022 dated 28.03.2022 registered for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 193.02 litres of illicit liquor was recovered from a Scorpio vehicle.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43440 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner was made accused in this case on the disclosure of the co-accused, Vikash Kumar. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 15.11.2022 passed in Cr. Misc. No. 51553 of 2022. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.04.2023.

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, Begusarai in connection with Barauni P.S. Case No. 134 of 2022.

8. The application stands allowed.

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