Patna High CourtCR. MISC./67778/2023bail granted

Bikash Kumar @ Vikash Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67778 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== Bikash Kumar @ Vikash Kumar Son Of Mritunjay Mandal Resident Of Village- Mahiyama, P.S. Sanhoula, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, 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 Sonhoula P.S. Case No. 134 of 2023 dated 19.08.2023 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner and the co-accused person boarded on two motorcycles were apprehended. On search, 14.250 litres of illicit foreign liquor was recovered from the said vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said motorcycle

Patna High Court CR. MISC. No.67778 of 2023(2) dt.18-10-2023 2/2 and 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 20.08.2023.

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, Bhagalpur in connection with Sanhoula P.S. Case No. 134 of 2023.

7. The application stands allowed.

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