Patna High CourtCR. MISC./67780/2023bail granted

Pradeep 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.67780 of 2023 Arising Out of PS. Case No.-508 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Pradeep Kumar S/O Late Ashok Singh R/O Rashtriyaganj, P.SPhulwarisharif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, 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 Special Case No. 2158 of 2023 arising out of Naubatpur P.S. Case No. 508 of 2023 dated 17.07.2023 registered for the offences punishable u/ss 30(a), 38, 41 and 47 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 300.96 litres of illicit liquor was recovered from a Sumo car which was being driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is only the driver of the said vehicle and

Patna High Court CR. MISC. No.67780 of 2023(2) dt.18-10-2023 2/2 he has no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.07.2023.

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, Danapur, Patna in connection with Special Excise Case No. 2158 of 2023 arising out of Naubatpur P.S. Case No. 508 of 2023.

7. The application stands allowed.

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