Patna High CourtCR. MISC./74192/2023bail granted

Vivek Kumar @ Vivek Rai v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74192 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- MAKER District- Saran ====================================================== VIVEK KUMAR @ VIVEK RAI Son of Umesh Rai Resident of Village - Bela, P.S.- Dariyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== 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 Maker P.S. Case No. 08 of 2022 registered for the offence under Sections 272, 273, 328, 308, 304, 120B/34 of the Indian Penal Code and 30(a), 37(B), 33 and 34 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the deceased died by consuming illicit liquor.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and there is no recovery from the petitioner.

Patna High Court CR. MISC. No.74192 of 2023(2) dt.29-11-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner has clean antecedents and he is in custody since 09.09.2023.

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

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

9. 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 Excise Judge, Saran at Chhapra in connection with Maker P.S. Case No. 08 of 2022. (Sandeep Kumar, J) Vikas/- U T