Patna High CourtCR. MISC./47468/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47468 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Rahul Kumar Son Of Late Dhananjay Singh Resident Of Village Khurhan Milliken Ward No 5 Ps Alamnagar District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, 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 Udakishunganj Excise P.S. Case No. 72 of 2023 dated 22.06.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 24.93 litres of illicit liquor was recovered near the house of the petitioner and the said liquor was kept in the bush.

Patna High Court CR. MISC. No.47468 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. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2023.

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, Madhepura in connection with Udakishunganj Excise P.S. Case No. 72 of 2023.

8. The application stands allowed.

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