Patna High CourtCR. MISC./71714/2023bail granted

Amit Kumar v. The State Of Bihar

2023-11-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71714 of 2023 Arising Out of PS. Case No.-1609 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Amit Kumar Son Of Srichand Yadav @ Srichan Yadav R/O Village- Jamuni, P.S.- Mohanpur, District- Gaya ... ... Petitioner

Versus

The State Of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Excise P.S. Case no. 1609 of 2023 registered under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 40.125 litres of liquor was recovered from the tempo which was being driven by this petitioner. The petitioner was arrested at the spot. 4.Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. No incriminating articles has been recovered from his possession. The allegedly recovered article could be a luggage left behind by one of the passengers. The petitioner has no criminal antecedent and is in custody since 11.9.2023. Charge-sheet has

Patna High Court CR. MISC. No.71714 of 2023(2) dt.07-11-2023 2/2 been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner not having any criminal antecedent and having remained in custody since 11.9.2023, the Court directs the petitioner to be enlarged on bail in connection with Excise P.S. Case no. 1609 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 Exclusive Excise Judge No.3, Gaya.

(Partha Sarthy, J) ajay/- U T