Patna High CourtCR. MISC./75088/2022bail granted

Gorkh Bin v. The State Of Bihar

2023-04-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75088 of 2022 Arising Out of PS. Case No.-682 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== GORKH BIN, aged about 20 years, SON OF DHUNMUN BIN R/O VILLAGE- UJIYAR TOLA, P.S.- ARA NAGAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 682 of 2022 dated 24.07.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that though in the present matter a recovery of 270 litres of country made liquor was made from a tempo but the petitioner had no concern with the said tempo and the alleged recovered liquor as he was going to his home merely as a passenger in the said tempo and similarly situated co-accused persons, Anand Kumar and Ratan Kumar have been

Patna High Court CR. MISC. No.75088 of 2022(2) dt.25-04-2023 2/2 granted bail by a co-ordinate Bench of this Court vide orders passed in Cr. Misc. Nos.61617 of 2022 and 60914 of 2022 respectively. Further submission is that the petitioner, who is a student and preparing for competitive examination, has been languishing in jail since 25.07.2022 having fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Ara Nagar P.S. Case No. 682 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T