Patna High CourtCR. MISC./70616/2022bail granted

Sandip Kumar v. The State Of Bihar

2023-04-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70616 of 2022 Arising Out of PS. Case No.-566 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== SANDIP KUMAR Son of Lakhan Yadav Resident of Village - Sarne, P.S.- Fathehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Wazirganj P.S. Case No. 566 of 2022 dated 22.10.2022 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 160 litres illicit country-made mahua liquor was recovered from the motorcycle which was being driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.70616 of 2022(2) dt.19-04-2023 2/2 Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.10.2022.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

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, Gaya in connection with Wazirganj P.S. Case No. 566 of 2022.

The application stands allowed.

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