Patna High CourtCR. MISC./50007/2023bail granted

Raj Kumar Prasad v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50007 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Raj Kumar Prasad S/O Amarjeet Prasad R/O Village- Shivrajpur, P.SKuchaykote, Distt.- Gopalganj. 2.

Sanjay Sah S/O Late Brija Sah R/O Village- Shivrajpur, P.S- Kuchaykote, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioners seeks regular bail in connection with Kuchaikote P.S. Case No. 318 of 2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution, about 79 litres of country made liquor has been recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in this case. Petitioners have clean antecedent and they are in custody since 28.06.2023.

Patna High Court CR. MISC. No.50007 of 2023(2) dt.19-08-2023 2/2

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact and also considering the period of custody, this application is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cumSpecial Excise Court No.- II, Gopalganj in connection with Kuchaikote P.S. Case No. 318 of 2023.

8. This is also subject to the conditions that the petitioners will mark their presence in Kuchaikote Police Station, District- Gopalganj on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T