Arun Prasad @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42877 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Arun Prasad @ Arun Kumar Son Of Ramdeo Bhagat Resident Of Village - Sidhawaliya, P.S. - Rajepur, Distt. - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjana Srivastava, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

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

3. The petitioner seeks regular bail in connection with Rajepur P.S. Case No. 170 of 2022 registered on 20.09.2022 lodged under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. As per the prosecution case, 362.880 liter wine has been recovered in the present case.

5. Counsel for the petitioner submits that F.I.R. has been lodged against six named accused persons including the present petitioner. He submits that recovery of the said wine has been made from one accused namely Manish Kumar.

Patna High Court CR. MISC. No.42877 of 2023(2) dt.14-07-2023 2/2

6. Counsel further submits that petitioner is innocent and has not been apprehended from the place of occurrence. He further submits that petitioner is in custody since 20.02.2023 having one criminal case pending against him, in which he is on bail. He submits that one co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 03.02.2023 in Cr. Misc. No.75172 of 2022 (Annexure-2).

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

8. 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 Exclusive Special Excise Court No.-1, Civil Court, East Champaran, Motihari in connection with Rajepur P.S. Case No. 170 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

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

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