Patna High CourtCR. MISC./48532/2023bail granted

Subhash Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48532 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Subhash Kumar Son Of Mahendra Yadav Resident Of Parkauli, P.S.-Arer, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 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 Dagarua P.S. Case No. 158 of 2023 dated 20.05.2023 registered for the offence punishable u/s 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 58.5 litres of foreign liquor was recovered from a car which was being driven by the petitioner.

Patna High Court CR. MISC. No.48532 of 2023(2) dt.08-08-2023 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 a driver of the said car. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2023.

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, Purnea in connection with Dagarua P.S. Case No. 158 of 2023.

8. The application stands allowed.

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