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Patna High CourtCR. MISC./55810/2022bail granted

Rajeev Kumar v. The State Of Bihar

2022-12-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55810 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rajeev Kumar Son of Harish Chandra Kunwar R/V- Saura, P.S- Bajpatti, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, 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 Ahiyapur P.S. Case No. 523 of 2021 lodged under Sections 272, 273, 34 of the I.P.C. read with Section 30(a)/36 of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 181.050 litre foreign liquor has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he has not apprehended from the place of occurrence. Counsel submits that his name has

Patna High Court CR. MISC. No.55810 of 2022(2) dt.02-12-2022 2/2 come in this case by virtue of the confessional statement of the co-accused. Counsel further submits that petitioner is in custody since 01.05.2022 and charge sheet has already been filed in this case.

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 Court No.-1st, Muzaffarpur in connection with Ahiyapur P.S. Case No. 523 of 2021, 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