Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70945 of 2022 Arising Out of PS. Case No.-447 Year-2022 Thana- NADI P.S. District- Patna ====================================================== VINAY KUMAR Son of Suresh Singh @ Suresh Ray R/v- Kachchi Dargah, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nadi PS case no. 447 of 2022 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 43 liters of illicit liquor from the river bank and the petitioner was arrested from the spot.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 18.11.2022.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.70945 of 2022(2) dt.09-02-2023 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Patna City in connection with Nadi PS case no. 447 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T