Patna High CourtCR. MISC./35084/2024bail granted

Jai Prakash Kumar v. The State Of Bihar

2024-05-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35084 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Jai Prakash Kumar S/o- Shambhu Sah Village- Kudarkat Ps- Chhauradano Dist- East Champaran 2.

Umesh Kumar son of Hari Narain Sah Village- Raghunathpur Ps- Chiraiya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 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 Chhauradano P.S Case No. 72 of 2024 dated 24.03.2024 registered for the offence punishable u/ss 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 191.4 litres of Nepali Kasturi liquor was recovered from the sack which was allegedly thrown by the petitioners.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.35084 of 2024(2) dt.08-05-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. Learned counsel has further submitted that the said recovery was made from an open place that is accessible to anyone. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.03.2024.

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, Motihari, East Champaran, in connection with Chhauradano P.S Case No. 72 of 2024.

7. The application stands allowed.

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