Patna High CourtCR. MISC./55362/2023bail granted

Avinash Kumar v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55362 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Avinash Kumar S/O Raj Kumar Ray R/O Village- Chakala, Ps. Mohiuddin Nagar, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mohiuddin Nagar P.S. Case No. 191 of 2023 dated 13.07.2023 registered for the offences punishable u/s 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 154 litres of illicit liquor was recovered from the two motorcycles.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.55362 of 2023(2) dt.31-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said motorcycles. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 14.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 191 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T