Patna High CourtCR. MISC./48928/2023bail granted

Pappu 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.48928 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== PAPPU KUMAR SON OF VINOD RAI @ BINOD RAY RESIDENT OF VILLAGE- KASHWALAUKHAN, PS- GHORASAHAN, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

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 Ghorasahan P.S. Case No. 309 of 2023 dated 2.6.2023 registered for the offence punishable u/s 414 of the IPC and 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 163.800 litres of illicit Nepali liquor is alleged to have recovered from the

Patna High Court CR. MISC. No.48928 of 2023(2) dt.04-08-2023 2/2 motorcycle of the petitioner.

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 no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 3.6.2023.

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, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 309 of 2023.

8. The application stands allowed.

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