Patna High CourtCR. MISC./42573/2023bail granted

Birbal Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42573 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Birbal Singh S/O Shiv Pukar Singh R/O Village- Baraka Chanda, Ps. Koilwar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barhara P.S. Case No. 246 of 2023 dated 30.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 150 litres of illicit mahua liquor was recovered from a motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.42573 of 2023(2) dt.20-07-2023 2/2 this case. The petitioner is not the driver of the said motorcycle. The petitioner has no concern with alleged recovery. 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 30.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Bhopur at Ara in connection with Barhara P.S. Case No. 246 of 2023.

8. The application stands allowed.

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