Patna High CourtCR. MISC./46679/2023disposed

Kunal Dom v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46679 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- SAHPUR District- Patna ====================================================== KUNAL DOM, S/O- Late Disko Dom @ Late Sunil Ram, R/O- Turha Toli, P.S- Shahpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Shahpur P.S. Case No. 409 of 2022 dated 20.08.2022 registered for the offences punishable under Sections 30(a), 32(iii) and 37 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel Mr. Abhimanyu Deo appearing for the petitioner are that the instant matter relates to the recovery of 47 litres of illicit country-made liquor from the house of this petitioner as per prosecution, in fact the petitioner has been falsely implicated in the alleged recovery and he has been languishing in jail since 22.08.2022, though against him there are criminal antecedents of five cases but out of them he has got bail in two cases and the

Patna High Court CR. MISC. No.46679 of 2023(2) dt.31-07-2023 2/2 alleged recovery of liquor was made before two police personnel which shows that there is no independent witness of the alleged recovery of liquor.

4. Learned APP Mr. Shyam Bihari Singh appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case and considering the above submissions and mainly petitioner's young age mentioned in the petition and his custody period, this Court is inclined to accept his prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail after framing of charge, if the same has not been framed on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Shahpur P.S. Case No. 409 of 2022.

(Shailendra Singh, J.) Maynaz/- U T