Vinai Kumar @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47525 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== VINAI KUMAR @ VINAY KUMAR S/O KALI PRASAD SINGH R/O Village- Samauli, P.S- Pupri, Distt.- Sitamarhi. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Ms. Sharda Kumar. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 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 Madhwapur P.S. Case No. 46 of 2023 dated 15.05.2023 registered for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 22.14 litres of illicit liquor was recovered from the bag loaded on the motorcycle.

Patna High Court CR. MISC. No.47525 of 2023(2) dt.04-08-2023 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 is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.05.2023.

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, Madhubani in connection with Madhwapur P.S. Case No. 46 of 2023, with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

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