Amarnath Rai @ Amarnath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1608 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- PATORI District- Samastipur ====================================================== Amarnath Rai @ Amarnath Kumar Son of Ram Ishwar Ray R/O Vill.- Baghara, Mohanpur O.P. Shahpur, P.S.- Patory (MOHANPUR O.P.), Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate Ms. Kumari Shalini, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023 1.
Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
2.
Heard learned counsel for the petitioner and the learned APP for the State.
3.
Petitioner seeks regular bail in connection with Patory (Mohanpur O.P.) P.S. Case No. 216 of 2022 dated 08.06.2022 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
4.
The main submissions advanced by learned counsel for petitioner are that as per the FIR the alleged country-made foreign liquor was recovered from the bathaan of co-accused
Patna High Court CR. MISC. No.1608 of 2023(2) dt.25-04-2023 2/2 Santosh Kumar who has been granted bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 74802 of 2022 and the petitioner has been made accused merely on the basis of suspicion, though against him there are criminal antecedents of two cases in which he is on bail and the petitioner has been languishing in jail since 24.11.2022. 5.
Learned APP for the State has opposed the bail prayer of the petitioner.
6.
Considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Patory (Mohanpur O.P.) P.S. Case No. 216 of 2022. (Shailendra Singh, J) Shahnawaz/- U T