Patna High CourtCR. MISC./44219/2023bail granted

Shyam Kumar v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44219 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- BEUR District- Patna ====================================================== SHYAM KUMAR Son of Late Parmanand Rai Resident of village - Bisunpur Pakri, P.S. - Beur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023

1. 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 Beur P.S. Case No. 321 of 2023 dated 6.5.2023, Special Case No. 4084 of 2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 250 litres of illicit liquor is alleged to have recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.44219 of 2023(2) dt.26-07-2023 2/2

5. Learned counsel for the petitioner has submitted 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 has no concern with the alleged recovery. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 8.5.2023.

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, Patna in connection with Beur P.S. Case No. 321 of 2023, Special Case No. 4084 of 2023.

8. The application stands allowed.

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