Patna High CourtCR. MISC./42725/2023bail granted

Utpal Kant Kumar v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42725 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== UTPAL KANT KUMAR S/O GAURI SHANKAR RAY R/O- Mohanpur, PS. Mohanpur, Samastipur, Bihar-848506 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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 Bachhwara (Begusarai) P.S. Case No. 148 of 2023 dated 11.5.2023 corresponding to Excise G.R. No. 743 of 2023 registered for the offence punishable u/s 30(a), 32 and 41 of the Bihar Prohibition and Excise Act. As per the prosecution case, 2698.92 litres of illicit liquor is alleged to have recovered from a pickup van. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.42725 of 2023(2) dt.20-07-2023 2/2 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 has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.5.2023.

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, Begusarai in connection with Bachhwara (Begusarai) P.S. Case No. 148 of 2023.

The application stands allowed.

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