Patna High CourtCR. MISC./66147/2023bail granted

Manish Kumar v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66147 of 2023 Arising Out of PS. Case No.-447 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Manish Kumar Son Of Dwarika Baitha Resident Of Village - Jitpur, P.S. - Ghorasahan (JITNA), District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 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 Ghorasahan (Jitna) P.S. Case No. 447 of 2023 dated 26.07.2023 registered for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 63 litres of Nepali Kasturi liquor was recovered from a motorcycle.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.66147 of 2023(2) dt.13-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the said motorcycle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2023.

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, East Chamaparan in connection with Ghorasahan (Jitna) P.S. Case No. 447 of 2023.

8. The application stands allowed.

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