Patna High CourtCR. MISC./75316/2024bail granted

Bittu Kumar v. The State Of Bihar

2024-10-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75316 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- BYPASS District- Patna ====================================================== Bittu Kumar S/o Suresh Das @ Suresh Ravidas R/o Village- Hajiganj, Kaimashikoh, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-10-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Bypass P.S. Case No. 245 of 2024 registered for the offence under Sections 30(a)/30(d) of the Bihar Prohibition and Excise Act (Amendment) 2022.

3. As per the prosecution case, total 6 litres illicit liquor and 10 litres spirit was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 05.07.2024 and he has two criminal antecedents in which he is on bail. Nothing has been recovered from the conscious possession of the petitioner.

5. Learned A.P.P. has vehemently opposed the prayer

Patna High Court CR. MISC. No.75316 of 2024(2) dt.23-10-2024 2/2 for bail.

6. Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna in connection with Bypass P.S. Case No. 245 of 2024, subject to the condition that the petitioner will mark his attendance at Chowk Police Station on 1st and 3rd Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

8. The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Ashrama, Nala Road, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T