Patna High CourtCR. MISC./33076/2024bail granted

Dinesh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33076 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- FATUA District- Patna ====================================================== 1.

Dinesh Kumar Son of Garib Mahto Resident of Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Patna.

Anil Kumar Son of Devi Ray Resident of Dedour, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 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 Fatuha P.S Case No. 153/2024 dated 11.03.2024 registered for the offence punishable u/ss 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 223.02 litres of illicit foreign liquor was recovered from the Tata Indigo car.

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. Learned counsel has

Patna High Court CR. MISC. No.33076 of 2024(2) dt.01-05-2024 2/2 submitted that the petitioner no. 1 is a driver and the petitioner no. 2 is passenger of the said vehicle. The petitioner No. 1 has clean antecedent whereas the petitioner no. 2 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are in custody since 12.03.2024

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, Patna City, in connection with Fatuha P.S. Case No. 153 of 2024.

7. The application stands allowed.

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