Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69332 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Govind Kumar S/O Bablu Thakur Resident Of Village- Khirhar, Police Station- Khirhar, District- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Basopatti P.S. Case No. 154 of 2023, registered under sections 272, 273 and 34 of the Indian Penal Code and section 30A of Bihar Prohibition of Excise Act, 2016.
3. As per the prosecution case, three accused persons on three motorcycles including the petitioner were stopped for checking. One of them managed to escape. It is submitted that a total of 225 litres of Nepali made liquor was recovered.
4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. The
Patna High Court CR. MISC. No.69332 of 2023(3) dt.20-12-2023 2/2 petitioner has no criminal antecedent and he is in custody since 8.7.2023. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration, the allegations in the F.I.R against this petitioner, the petitioner having remained in custody for five months since 8.7.2023, his not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Basopatti P.S. Case No. 154 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Harsh/- U T