Patna High CourtCR. MISC./60120/2021bail granted

Prakash Kumar v. The State Of Bihar

2022-01-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60120 of 2021 Arising Out of PS. Case No.-629 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== PRAKASH KUMAR Son of Binod Sah @ Vinod Sah Resident of MohallaBhagwanpur Rewa road Near Bhama Sah Gate, Police Station- Sadar Muzaffarpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and Shri Gauri Shankar Gupta, learned A.P.P. for the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Kudhani (Turki O.P.) P.S. Case No. 629 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.08.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. Allegation is of recovery of 115.560 litre of liquor from Scooty which the petitioner was driving.

Patna High Court CR. MISC. No.60120 of 2021(2) dt.13-01-2022 2/2 Learned counsel for the petitioner submits that Scooty was of one Niraj Kumar and, as such, was not aware what he had kept in the Scooty.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 19.08.2021, is a person with clean antecedent and chargesheet has been submitted in this case, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 629 of 2021.

(Satyavrat Verma, J) Kundan/- U T