Patna High CourtCR. MISC./61318/2023bail granted

Manish Kumar v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61318 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Manish Kumar S/O Jai Kishun Sahni @ Jai Kishan Sahni R/O VillageMaudah Chatur, P.S- Patepur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(App), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 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 on resumption of physical mode.

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 Patepur P.S. Case No. 94 of 2023 dated 28.04.2023 registered for the offences punishable u/s 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 3564 litres of foreign liquor was recovered from truck and pickup vehicles which were being brought by the petitioner and the co-accused person.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.61318 of 2023(2) dt.12-09-2023 2/2 The petitioner is the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner was disclosed by the Chowkidar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2023.

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 above-named, 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, Vaishali at Hajipur in connection with Patepur P.S. Case No. 94 of 2023.

8. The application stands allowed.

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