Patna High CourtCR. MISC./52948/2022bail granted

Abhishek Kumar v. The State Of Bihar

2022-11-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52948 of 2022 Arising Out of PS. Case No.-46 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Abhishek Kumar Son of Dinesh Ram Resident of Village - Daya Chak, Police Station - Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra Jha 3, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Danapur (Rail) P.S. Case No. 46 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 131.10 litre of country made liquor is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean and he is in custody since 30.03.2022. Counsel submits that no recovery has

Patna High Court CR. MISC. No.52948 of 2022(2) dt.25-11-2022 2/2 been made from the possession of the petitioner rather the said recovery has been made from the public place that is near Danapur Railway Station in Coach No. 7. Counsel further submits that petitioner has been apprehended by the police under suspicion.

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 Excise Judge, Danapur (Patna) in connection with Danapur (Rail) P.S. Case No. 46 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.) sadique/- U T