Patna High CourtCR. MISC./63094/2023bail granted

Pinkesh Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63094 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Pinkesh Kumar, aged about 24 years, Gender-Male, S/O Rishideo Yadav @ Rishideo Prasad Yadav, R/O Village- Araria , Ward No. 10, P.S. Parbatta, Distt. Khagaria.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pasraha P.S. Case No. 194 of 2023 dated 16.07.2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 43.5 litres of foreign illicit liquor was recovered from the Swift vehicle and the petitioner was arrested on the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. The petitioner has clean

Patna High Court CR. MISC. No.63094 of 2023(2) dt.06-10-2023 2/2 antecedent, as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 16.07.2022. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, 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 the learned Court concerned, Khagaria, in connection with Pasraha P.S. Case No. 194/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T