Patna High CourtCR. MISC./43408/2023bail granted

Munna Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43408 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- PUSA District- Samastipur ====================================================== MUNNA KUMAR S/O RAM PUKAR DAYAL R/O VILLAGEJAGDISHPUR, PS. PUSA, DIST. SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Pusa P.S. Case No. 15 of 2023 dated 13.02.2023 registered for the offences punishable under Sections 30(a), 32(1), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 197.805 litres of illicit liquor was recovered from the house of the co-accused.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43408 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 14.07.2023 passed in Cr. Misc. No. 42496 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2023.

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, Samastipur in connection with Pusa P.S. Case No. 15 of 2023.

8. The application stands allowed.

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