Patna High CourtCR. MISC./44352/2023bail granted

Sumit Kumar Thakur @ Sumit 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.44352 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== SUMIT KUMAR THAKUR @ SUMIT KUMAR S/O LATE UPENDRA THAKUR R/O Village- Tekari Andar Kila, P.S- Tekari and Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== 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 Vishnupad P.S. Case No. 68 of 2023 dated 2.3.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 20 litres of illicit mahua liquor is alleged to have recovered from the bag which was tied on the back seat of the motorcycle of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.44352 of 2023(2) dt.26-07-2023 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 has no concern with the alleged recovery. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 3.3.2023.

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, Gaya in connection with Vishnupad P.S. Case No. 68 of 2023.

8. The application stands allowed.

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