Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48222 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== Devendra Kumar Son Of Yamuna Prasad, Resident Of Village - A1/92 B, Mohan Garden , P.S.- Uttam Nagar (south) Delhi -110059, Presently Residing At Jagat Narayan Road Jagjiwan Gali, Kadamkuan, P.S.- Kadamkuan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patna Jn. (Rajendra Nagar) P.S. Case No. 372 of 2022 lodged under Section 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, total recovery of 118.5 liters of foreign wine is the subject matter of the present case. Learned counsel for the petitioner submits that as per seizure list, the alleged recovery has been made at the public place i.e. near Gate no.5 of Rajendra Nagar Railway Station. He further submits that antecedent of the petitioner is clean and he is in custody since 02.07.2022 (he submits that due to

Patna High Court CR. MISC. No.48222 of 2022(2) dt.11-11-2022 2/2 inadvertence instead of 02.07.2022, 07.02.2022 has been typed in paragraph 9 of the petition). He seeks apology of such mistakes.

Learned counsel for the petitioner is directed to remove such defect at the time of removing other defects as pointed out by the office.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Patna Jn. (Rajendra Nagar) P.S. Case No. 372 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T