Patna High CourtCR. MISC./74188/2023bail granted

Sri Prakash @ Shri Prakash v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74188 of 2023 Arising Out of PS. Case No.-732 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== SRI PRAKASH @ SHRI PRAKASH son of Late Om Prakash Village- Naya Quila Ps- Siwan Town Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Siwan Excise P.S. Case No. 732 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution case, 180 liters of foreign liquor has been recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and nothing has been recovered from the conscious

Patna High Court CR. MISC. No.74188 of 2023(2) dt.29-11-2023 2/3 possession of the petitioner.

6. Learned counsel for the petitioner further submits that the petitioner has offered to pay Rs. 20,000/- in a charitable organization without accepting his guilt.

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 19.07.2023.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Court No.-II, Siwan in connection with Siwan Excise P.S. Case No. 732 of 2023.

11. This is also subject to the condition that the petitioner shall deposit a sum of Rs. 20,000/- in Ram Krishna Mission Ashram, Chhapra and will produce the receipt of the same at the time of furnishing his bail bonds in the Court below and the bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

Patna High Court CR. MISC. No.74188 of 2023(2) dt.29-11-2023 3/3

12. After being released on bail, the petitioner will mark his attendance at Siwan Town Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T