Patna High CourtCR. MISC./38106/2023bail granted

Dilkhush Kumar @ Rohit Kumar v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38106 of 2023 Arising Out of PS. Case No.-453 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== DILKHUSH KUMAR @ ROHIT KUMAR SON OF MUKESH MODI VILLAGE MAHESHPUR PS MADHUBAN DISTT DHANBAD JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== 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 APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai Excise P.S. Case No. 453C2 of 2023 dated 29.04.2023 registered for the offences punishable u/s 37 of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioner was apprehended in intoxicated condition from Lakhisarai Railway Station. On Breath Analyser Test presence of alcohol in his body

Patna High Court CR. MISC. No.38106 of 2023(2) dt.28-06-2023 2/2 was confirmed.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated at para 3 of the bail petition. The petitioner is in custody since 30.04.2023.

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, Lakhisarai in connection with Lakhisarai Excise P.S. Case No. 453C2 of 2023.

The application stands allowed.

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