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Patna High CourtCR. MISC./54836/2022bail granted

Birendra Kumar @ Birendra Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54836 of 2022 Arising Out of PS. Case No.-648 Year-2022 Thana- ARARIA District- Araria ====================================================== Birendra Kumar @ Birendra Singh Son Of Late Harichandra Singh R/O Village- Mahua, Ward No.6, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 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 Araria (Bairgachhi) P.S. Case No. 648 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016. As per the prosecution case, total recovery of 337.50 litres excise material is the subject matter of the present case. Learned counsel for the petitioner submits that the name of petitioner has figured in this case by virtue of the confessional statement of the co-accused. Counsel submits that the said recovery was made from Bolero vehicle. He is neither owner nor driver of the vehicle. Counsel for the petitioner

Patna High Court CR. MISC. No.54836 of 2022(2) dt.11-11-2022 2/2 submits that his antecedent is clean and he is in custody since 30.07.2022.

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 Exclusive Spl. Judge Excise-1, Araria in connection with Araria (Bairgachhi) P.S. Case No. 648 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