Patna High CourtCR. MISC./7169/2025bail granted

Bhim Prasad v. The State Of Bihar

2025-03-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7169 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- EXCISE SHERGHATI District- Gaya ====================================================== 1.

Bhim Prasad Son of Sitaram Prasad Resident of village- Lipganj Chati PS -Sherghati District -Gaya 2.

Akhilesh Kumar Son of Kuldip Chaudhary Resident of village- Lipganj Chati PS -Sherghati District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise (Sherghati) P.S. Case No. 222 of 2024 dated 21.11.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 180 litres of illicit country-made liquor was recovered from the pick-up vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no.1 is the driver and the petitioner no.2 is the co-passenger of the said vehicle as stated

Patna High Court CR. MISC. No.7169 of 2025(2) dt.04-03-2025 2/2 in para-8 of the bail petition. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.11.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are 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, Gaya in connection with Excise (Sherghati) P.S. Case No. 222 of 2024.

7. The application stands allowed.

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