Patna High CourtCR. MISC./57391/2022bail granted

Ashish Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57391 of 2022 Arising Out of PS. Case No.-618 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Ashish Kumar Son of Munna Prasad, R/o Ashiyana Digha Road, P.S.- Rajiv Nagar, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, 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. 618 of 2022, corresponding to Special Case No.4478 of 2022, lodged under Sections 30(a) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2022. As per prosecution case, the total recovery of 390 liter of country made liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioners submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.57391 of 2022(2) dt.02-12-2022 2/2 submits that antecedent of petitioner is clean and he is in custody since 31.07.2022. He further submits that the said recovery was made from a Car, Vijay Kumar was proprietor of the Car and petitioner is in no way concerned with the Car. 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. 618 of 2022, corresponding to Special Case No.4478 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.) ravishankar/- U T