Patna High CourtCR. MISC./46517/2023bail granted

Vanti @ Banti v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46517 of 2023 Arising Out of PS. Case No.-703 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== VANTI @ BANTI Son of Jalaluddin @ Jala Uddin Resident of village - Ganesh Khera, (Ganesh Kheda), Udaypur, P.s. - Bhuta, Distt. - Bareilly (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 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 Forbesganj (Simraha) P.S. Case No. 703 of 2020 dated 23.08.2020 registered for the offences punishable u/ss 30(a), 38(i) of the Bihar Prohibition and Excise Act, 2016.

4. As per the prosecution case, 3528 litres of illicit liquor is alleged to have recovered from the truck.

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.46517 of 2023(2) dt.02-08-2023 2/2 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 not the owner of the vehicle. The name of the petitioner has sprung up in the confessional statement of the apprehended person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2023.

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, Araria in connection with Forbesganj (Simraha) P.S. Case No. 703 of 2020.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T