Patna High CourtCR. MISC./58213/2023bail granted

Suresh Kumar v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58213 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Suresh Kumar S/O Tulsa Ram R/O Nehro Ka Tala, Kundanpura, P.S- Serwa, Distt.- Barmer, Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 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 Arwal P.S. Case No. 255 of 2023 dated 19.05.2023 registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 6068 litres of illicit foreign liquor was recovered from the truck bearing No. MP-09-HG-7686 which was being driven by the petitioner.

Patna High Court CR. MISC. No.58213 of 2023(2) dt.01-09-2023 2/2

5. Learned counsel for the petitioner has submitted 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 a driver of the said truck. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2023.

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, Jehanabad in connection with Arwal P.S. Case No. 255 of 2023.

8. The application stands allowed.

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