Patna High CourtCR. MISC./64837/2023bail granted

Ankesh Kumar @ Ankur @ Ankesh Thakur v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64837 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- BISFI District- Madhubani ====================================================== ANKESH KUMAR @ ANKUR @ ANKESH THAKUR, son of Shiv Thakur Village- Raghouli W.NO-4, Ps- Bisfi Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 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.

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 Bisfi P.S. Case No. 110 of 2023, G.R. No. 544 of 2023 dated 06.04.2023 registered for the offences punishable u/ss 420, 467, 468 and 471 of the Indian Penal Code and Section 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, on secret information, police reached near the Bisfi PNB Bank. On seeing the police

Patna High Court CR. MISC. No.64837 of 2023(2) dt.12-10-2023 2/3 party, one person tried to escape with motorcycle who was apprehended by police. Thereafter, police stopped one truck and apprehended three persons, namely, Mithilesh Ram, Rajmohan Yadav and Dilkhush Yadav. On search, total 347.355 litres of illicit liquor was recovered from the said truck. During the course of investigation, the driver of the said truck stated that the alleged liquor was brought from Meghalay to deliver to 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. The petitioner is neither the owner nor the driver of the said vehicle. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2023.

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 abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.64837 of 2023(2) dt.12-10-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Bisfi P.S. Case No. 110 of 2023, G.R. No. 544 of 2023.

8. The application stands allowed.

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