Patna High CourtCR. MISC./34234/2024bail granted

Amit Kumar Srivastawa v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34234 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- Bodhibigaha O.P. District- Gaya ====================================================== 1.

Amit Kumar Srivastawa S/O Anirudh Srivastawa R/O Rani Talab South, P.S- Kulti, Distt.- Vardhman (W.B.) 2.

Viccky Kumar Sao @ Bikki Shaw S/O Vijay Sao R/O Rani Talab South, P.SKulti, Distt.- Vardhman (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 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 Bodhi Bigha P. S. Case No. 20 of 2024 dated 01.04.2024 registered for the offences punishable u/ss 30(a), 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 800 litres of illicit spirit was recovered from the pick-up van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the

Patna High Court CR. MISC. No.34234 of 2024(2) dt.06-05-2024 2/2 said vehicle and the petitioners are the driver and the Khalasi of the said vehicle and they have no knowledge about the said recovery kept in the vehicle. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.04.2024.

5. Learned A.P.P. for the State has 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, Gaya in connection with Bodhi Bigha P.S. Case No. 20 of 2024.

7. The application stands allowed.

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