Patna High CourtCR. MISC./67747/2023bail granted

Ashutosh Kumar Singh v. The State Of Bihar

2023-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67747 of 2023 Arising Out of PS. Case No.-633 Year-2023 Thana- Excise P.S. District- Bhojpur ====================================================== ASHUTOSH KUMAR SINGH, Son of Mukesh Kumar Singh Resident of Village - Chatar, P.S.- Barahara, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 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 Bhojpur Sadar Ara P.S. Case No. 633 of 2023 dated 24.08.2023 registered for the offences punishable u/ss 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner and the co-accused person were apprehended with a tempo from which 40 litres of illicit country made liquor was recovered. It is further alleged that the petitioner is the driver of the said vehicle.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.67747 of 2023(2) dt.18-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2023.

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 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, Bhojpur at Ara in connection with Bhojpur Sadar Ara Excise P.S. Case No. 633 of 2023.

7. The application stands allowed.

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