Arjun Kumar @ Ardhun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69449 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

Arjun Kumar @ Ardhun Kumar S/O Sri Sunil Ray R/O Tajganj, Fasiya, P.SMufassil, Distt.- Katihar. 2.

Sujeet Ray @ Sujeet Kumar Sah S/O Dulal Kumar Sah R/O VillageShirniya, Haflaganj, P.S- Mufassil, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned counsel appearing on behalf of the State.

The petitioner seeks bail in connection with Muffasil (Katihar) P.S. Case No. 165 of 2023 registered for the offence under Section 414 of the Indian Penal Code and Sections 30(a), of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 24.07.2023 and there is recovery of twelve litres of beer from his possession.

Learned APP has vehemently opposed the prayer of bail.

Considering the period of custody and recovery of

Patna High Court CR. MISC. No.69449 of 2023(2) dt.01-11-2023 2/2 liquor from his possession, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-cum-Exclusive Excise Court No. 2, Katihar in connection with Muffasil (Katihar) P.S. Case No. 165 of 2023.

The Special Judge, Katihar is directed to see to it that these kinds of bail cases where there is such small recovery from possession of the petitioner do not come in the High Court and they should have been granted bail by the court below. Let a copy of this order be communicated to the District Judge, Katihar for its compliance through FAX and email forthwith. (Sandeep Kumar, J) Harsh/ U T