Patna High CourtCR. MISC./42357/2023bail granted

Sarban Kumar v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42357 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Sarban Kumar Son Of Dukhi Mehra Resident Of Village- Bhelwa Tol Jainagar, Ps- Jaynagar, Distt- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Adv.

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rajnagar P.S. Case No. 294 of 2022 dated 10.10.2022, G.R. No. 1908 of 2022 lodged under Sections 272, 273 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, the total recovery of 87 litre wine has been made from the motorcycle which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is owner of the motorcycle but he also admits that he has not been apprehended with motorcycle rather for the urgent purpose, his motorcycle was taken by co-villager and without

Patna High Court CR. MISC. No.42357 of 2023(2) dt.14-07-2023 2/2 his knowledge, such commission of crime has been made.

5. Counsel further submits that petitioner is in custody since 17.05.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II -cumSpecial Judge (Excise Act), Madhubani in connection with Rajnagar P.S. Case No. 294 of 2022 (G.R. No. 1908 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U