Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70108 of 2021 Arising Out of PS. Case No.-514 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Prakash Kumar Son of Narayan Singh Resident of Village Kushare, P.S. Sandesh, District Arah (Bhojpur) at present living with his brother - in- law at Village Sheetal Bigha, P.S. - Daudnagar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratik Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and Ms. Shaheen Begum, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 514 of 2021 instituted for the offences under Sections 413 and 414 of the Indian Penal Code read with Sections 30(a), 34 and 36 of the Excise Act and Sections 25(1b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 16.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation is of recovery of only a mobile from the petitioner.

Patna High Court CR. MISC. No.70108 of 2021(2) dt.25-02-2022 2/2 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, nothing was recovered from his possession and as far as recovery of liquor and arms is concerned, they were recovered from the Scorpio vehicle.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.09.2021, is a person with clean antecedent and chargesheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Aurangabad in connection with Daudnagar P.S. Case No. 514 of 2021. (Satyavrat Verma, J) Rishi/- U T