Patna High CourtCR. MISC./9490/2025bail granted

Amit Kumar v. The State Of Bihar

2025-03-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9490 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- MALAHI District- East Champaran ====================================================== 1.

Amit Kumar S/O Ramayan Yadav R/O Vill.- Chatiya Diyar, Malahi,DistEast Champaran 2.

Shailesh Yadav S/O Yogindra Yadav R/O Vill.- Chatiya Diyar, Malahi,DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Malahi P.S. Case No. 158/2024 dated 19.12.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 14.400 litres of illicit foreign liquor was recovered from the dickey of the motorcycle.

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

Patna High Court CR. MISC. No.9490 of 2025(2) dt.05-03-2025 2/2 possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners are not the owner of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.12.2024.

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 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari, in connection with Malahi P.S. Case No. 158/2024.

7. The application stands allowed.

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