Patna High CourtCR. MISC./48470/2023bail granted

Shideshwar Kumar @ Sidheshar Kumar @ Pahari v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48470 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== SHIDESHWAR KUMAR @ SIDHESHAR KUMAR @ PAHARI S/O RAM SWAROOP YADAV R/O VILLAGE- DUNDU, PS. FATEHPUR, DIST. GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. 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 Wazirganj P.S. Case No. 316 of 2023 dated 28.5.2023 registered for the offence punishable u/s 30(a), 45 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 1320 litres of illicit mahua liquor is alleged to have recovered from the two cars.

Patna High Court CR. MISC. No.48470 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 merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is not the owner of the said vehicles. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.5.2023.

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, Gaya in connection with Wazirganj P.S. Case No. 316 of 2023.

8. The application stands allowed.

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