Allowed

Utpal Kant Kumar v. the State of Bihar

Patna HC20 Jul 2023CR. MISC./42725/2023

Case brief

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What is this about?

This court disposed of an application for regular bail preferred by Utpal Kant Kumar in connection with PS Case No. 148 of 2023 under the Bihar Prohibition and Excise Act, allowing the petition and directing the petitioner to be released on bail after furnishing a bond.

What did the court decide?

Petitioner allowed; directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each.

Utpal Kant Kumar Vs the State of Bihar — Patna HC (2023) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42725 of 2023

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Arising Out of PS. Case No.-148 Year-2023 Thana- BACHHWARA District- Begusarai

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======================================================

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UTPAL KANT KUMAR S/O GAURI SHANKAR RAY R/O- Mohanpur, PS. Mohanpur, Samastipur, Bihar-848506

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Piyush Kumar Pandey For the Opposite Party/s : Mr.Abhay Kumar

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-07-2023

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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 on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Bachhwara (Begusarai) P.S. Case No. 148 of 2023 dated 11.5.2023 corresponding to Excise G.R. No. 743 of 2023 registered for the offence punishable u/s 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

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As per the prosecution case, 2698.92 litres of illicit liquor is alleged to have recovered from a pickup van.

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Learned counsel for the petitioner has submitted that

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Patna High Court CR. MISC. No.42725 of 2023(2) dt.20-07-2023 2/2

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the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither driver nor the owner of the vehicle. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.5.2023.

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

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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, Begusarai in connection with Bachhwara (Begusarai) P.S. Case No. 148 of 2023.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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Ajay Singh/-

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U T

Utpal Kant Kumar v. the State of Bihar

Case brief

What is this about?

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Utpal Kant Kumar v. the State of Bihar

Case brief

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