Patna High CourtCR. MISC./63352/2023bail granted

Harsh Kumar @ Harsh Kant Yash @ Harsh Mafia v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63352 of 2023 Arising Out of PS. Case No.-347 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Harsh Kumar @ Harsh Kant Yash @ Harsh Mafia S/O Mahesh Kumar @ PAPPU Prasad @ Adwitiya Kumar Dinbandhu, resident of villageMirchaiganj, Police Station + District Nalanda.. At Present R/O VillageBarnausa, P.S.. Silao, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan Prasad No. 1, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, in short, is that 6 liters wine is recovered.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.04.2022. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 6 liters wine is recovered from the rented house of one Binod Kumar. Though the petitioner is said

Patna High Court CR. MISC. No.63352 of 2023(2) dt.10-10-2023 2/2 to be the tenant of the said rented house, he used to stay with the joint family in the said rented house. The house in question was not in his exclusive possession. There is no chance of trial being concluded in near future. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court in connection with Laheri P.S. case No.347 of 2017.

(Sudhir Singh, J) Narendra/- U T