Patna High CourtCR. MISC./33541/2024bail granted

Shambhu Kushwaha v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33541 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Shambhu Kushwaha Son Of Indradev Bhagat @ Inrdev Bhagat Resident Of Harihar Pur, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepankar Raj, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, 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 Bhore P.S. Case No. 64 of 2024 dated 15.03.2024 registered for the offences punishable u/s 30(a)/ 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 25.2 litres of illicit country made liquor kept in a gunny bag was recovered from the palani of 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 merely on suspicion. Nothing has been recovered from the

Patna High Court CR. MISC. No.33541 of 2024(2) dt.01-05-2024 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 16.03.2024.

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, Gopalgnaj in connection with Bhore P.S. Case No. 64 of 2024.

7. The application stands allowed.

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