Patna High CourtCR. MISC./43274/2023bail granted

Gulshan 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.43275 of 2023 Arising Out of PS. Case No.-40 Year-2021 Thana- DURAULI District- Siwan ====================================================== MAHESH @ MAHESH SAHNI @ MESHI SAHANI Son of Thag Sahani Resident of village - Gumawar, P.s - Darauli, Distt - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Majid Mahboob Khan For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== 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 Darauli P.S. Case No. 40 of 2021 dated 08.02.2021 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 104.360 litres of illicit liquor was recovered from the house of the co-accused Keshwar Sahni.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43275 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 petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Keshwar Sahni. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2023.

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, Siwan in connection with Darauli P.S. Case No. 40 of 2021.

8. The application stands allowed.

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