Patna High CourtCR. MISC./56288/2023bail granted

Kamal Das v. The State Of Bihar

2023-08-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56288 of 2023 Arising Out of PS. Case No.-1208 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== KAMAL DAS S/o Gopal Chandra Das @ Gopal Das Resident of VillageRam Krishna Palli, P.S.-Vidhan Nagar (Pasi Devi), District-Darjiling, StateWest Bengal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Farbesganj P.S. Case No. 1208 of 2022 registered for the offence under Sections 30(a), 36, 41of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is in custody since 15.07.2023 and there is recovery of 2340 litres of foreign liquor from the truck in question and name of the petitioner has come during investigation as one of the businessman of the illicit liquor who belongs to Bengal. He further submits that petitioner is ready to donate Rs. 50,000/- (Rupees Fifty Thousand Only) in some

Patna High Court CR. MISC. No.56288 of 2023(2) dt.30-08-2023 2/2 charitable organization.

4. Learned APP has vehemently opposed the prayer of bail.

5. Considering the period of custody and recovery of liquor from the truck in question, this application for regular bail is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1st, Araria in connection with Farbesganj P.S. Case No. 1208 of 2022.

7. Petitioner's bail bond shall be accepted only after he deposits Rs. 50,000/- (Rupees Fifty Thousand Only) in Ram Krishna Mission Sevashrama, Muzaffarpur and produces the receipt of the same and after verifying the genuineness of the receipt the petitioner shall be released.

(Sandeep Kumar, J) Harsh/ U T