Sudarshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39184 of 2023 Arising Out of PS. Case No.-673 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== SUDARSHAN KUMAR SON OF DILIP MAHTO RESIDENT OF VILLAGE -PATEDA, PS- SARAI, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sangeeta Sharma, 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 Prohibition Case No. 673 of 2023 dated 21.04.2023 registered for the offences punishable u/s section 30(a) and 56(b) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 76 litres of illicit liquor was recovered from a scooty which was being driven by the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.39184 of 2023(2) dt.05-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2023.

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, Patna in connection with Prohibition Case No. 673 of 2023.

The application stands allowed.

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