Patna High CourtCR. MISC./64933/2023bail granted

Birju Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64933 of 2023 Arising Out of PS. Case No.-381 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Birju Kumar Son Of Baiju Rai @ Vaiju Ray Village Mahua Singhrae Ps Mahua District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Kumari, 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 on resumption of physical mode.

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 Sakra P.S. Case No. 381 of 2019 dated 07.08.2019 registered for the offences punishable u/ss 420, 467 and 468 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 804.00 litres of foreign liquor was recovered from the house of the co-accused, Ram Chandra Sah @ Sopal Sah and Hywa vehicle.

Patna High Court CR. MISC. No.64933 of 2023(2) dt.12-10-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2023.

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 the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Sakra P.S. Case No. 381 of 2019.

8. The application stands allowed.

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