Patna High CourtCR. MISC./38601/2023bail granted

Raushan 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.38601 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Raushan Kumar, S/O Late Babulal Yadav, R/O Village- Ganeshi Dih, PS. Fatehpur in the dist. of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== 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 Fatehpur P.S. Case No. 247 of 2023 dated 01.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 300 litres of mahua liquor was recovered from the khalihan of the co-accused Kishun Yadav. The name of the petitioner was disclosed by the local chowkidar.

Patna High Court CR. MISC. No.38601 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 possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from an open place. The petitioner is also accused in one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of 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, Gaya in connection with Fatehpur P.S. Case No. 247 of 2023.

The application stands allowed.

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