Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42911 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Pintu Kumar Son of Chalitar Yadav @ Charitra Yadav R/o Village - Dhanchhu, P.S.- Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== 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.

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 357 of 2023 dated 23.05.2023 lodged under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution case, the total recovery of 200 liter wine has been made which is the subject matter of the present case.

Learned counsel for the petitioner submits that from the content of F.I.R., it shall be clear that there are six different motorcycles and the petitioner's motorcycle contains 50 liter wine.

Counsel further submits that petitioner is in custody

Patna High Court CR. MISC. No.42911 of 2023(2) dt.14-07-2023 2/2 since 24.05.2023 having clean antecedent. Counsel submits that charge-sheet has already been submitted in this case. Counsel submits that he is subject to victimization in this case. Learned counsel for the State opposes the prayer for bail.

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, Gaya, in connection with Fatehpur P.S. Case No. 357 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

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