Patna High CourtCR. MISC./48504/2023bail granted

Bishun Bhuiyan @ Bishnu Bhuiyan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48504 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== Bishun Bhuiyan @ Bishnu Bhuiyan Son Of Late Yamuna Bhuiyan Resident Of Village- Jagdishpur, P.S.- Dhibra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== 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 Dhibra P.S. Case No. 38 of 2023 dated 09.05.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, 150 litres of country made mahua liquor was recovered from the possession of the petitioner. It is further alleged that the petitioner was selling

Patna High Court CR. MISC. No.48504 of 2023(2) dt.08-08-2023 2/2 illegal liquor which was brought from Jharkhand.

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 has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2023.

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, Aurangabad in connection with Dhibra P.S. Case No. 38 of 2023.

8. The application stands allowed.

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