Patna High CourtCR. MISC./4797/2025bail granted

Vishun Kumar v. The State Of Bihar

2025-02-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4797 of 2025 Arising Out of PS. Case No.-769 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Vishun Kumar S/O Vir Kumar Sah Resident of Village- Sabalpur Chai Tola @ Sabalpur, P.S- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise @ Siwan Sadar Excise P.S. Case No. 769 of 2024, dated 01.12.2024, registered for the offences punishable u/s 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 492.480 litres of illicit foreign liquor was recovered from the Bolero Pick-up.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle, but he was not aware about it. Nothing has been recovered from the

Patna High Court CR. MISC. No.4797 of 2025(2) dt.25-02-2025 2/2 conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2024

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

6. 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, Siwan in connection with Siwan Excise @ Siwan Sadar Excise P.S. Case No. 769 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Siwani/- U T