Patna High CourtCR. MISC./33535/2024bail granted

Bhumi Joshi v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33535 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- Excise P.S. District- West Champaran ====================================================== Bhumi Joshi Son of Jagu Joshi Resident of -Village Kashi Ram, Police Station - Ramgarh, District -Gorakhpur, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 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 Bagaha Excise P.S. Case No. 274 of 2024 dated 24.03.2024 registered for the offences punishable u/ss 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 7 litres of illicit beer and foreign liquor were recovered from a Maruti Car which was being driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.33535 of 2024(2) dt.01-05-2024 2/2 merely on suspicion. The petitioner is only the driver of the said vehicle but he has no knowledge about the said recovery loaded in the car. Nothing has been recovered from the 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 24.03.2024.

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, Bagaha, West Champaran in connection with Bagaha Excise P.S. Case No. 274 of 2024.

7. The application stands allowed.

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