Patna High CourtCR. MISC./33631/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-05-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33631 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== 1.

Vikash Kumar S/o- Kanhai Singh Village- Jarmakhap Po- Pauthu PsJamhor Dist- Aurangabad 2.

Jay Prakash Kumar S/o- Kanhai Singh Village- Jarmakhap Po- Pauthu PsJamhor Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2024 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 P.S. Case No. 307 of 2024 dated 06.04.2024, registered for the offences punishable u/ss 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 109.170 litres of illicit foreign liquor was recovered from both vehicles as the petitioner no. 1 is driver of the seized motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.33631 of 2024(2) dt.02-05-2024 2/2 implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner no. 2 has surfaced in this case because he is the owner of the seized vehicles. The petitioners have no concern with the alleged recovery. The petitioners are in custody since 06.04.2024.

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 their 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, Aurangabad in connection with Excise P.S. Case No. 307 of 2024.

7. The application stands allowed.

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