Patna High CourtCR. MISC./50170/2023bail granted

Munna Kumar v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50170 of 2023 Arising Out of PS. Case No.-438 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== MUNNA KUMAR S/O Uday Narayan Singh @ Uday Narayan Mahato R/O Village- Karakhiya (Karkhiyan), P.S- Tiyar, Distt.- Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhoo Kumar Suman For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Buxar Excise P.S. Case No. 438 of 2023 registered for the offence under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, about 264 liters of foreign liquor was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as he was only the driver of the vehicle and was not aware of the goods which was loaded in the vehicle.

Patna High Court CR. MISC. No.50170 of 2023(2) dt.19-08-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 18.05.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the petitioner is accused in two more cases.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after completion of six months in custody on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 02, Buxar in connection with Buxar Excise P.S. Case No. 438 of 2023.

10. As a condition of this order, the petitioner will visit Tiyar Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T