Shiv Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55787 of 2022 Arising Out of PS. Case No.-424 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Shiv Shankar Kumar Son Of Shri Vijay Rai R/O Village- Mauzipur Kripal, P.S.- Nadi Thana, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narendra Kumar, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 Excise (Patna) P.S. Case No. 424 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise (Amendment) Act, 2016.
As per the prosecution case, total recovery of 500 liter of country-made wine has been made, which is subject matter of the present case.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.55787 of 2022(2) dt.02-12-2022 2/2 that the said recovery was made from a tempo, which was alleged to be driven by the petitioner. He further submits that petitioner is in custody since 22.06.2022 having clean antecedent. Charge-sheet has already been filed in this case. Learned counsel for the petitioner submits that petitioner became the victim of not obeying the instructions of police. 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 Judge Excise, Patna in connection with Excise (Patna) P.S. Case No. 424 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.) ashishsingh/- U T