Patna High CourtCR. MISC./35279/2024bail granted

Avesh 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.35279 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Avesh Kumar Son of Naresh Prasad Yadav @ Naresh Ray Resident of Village- Bakhari, P.S- Adapur, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 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 Lakhaura P.S. Case No. 08 of 2024 dated 22.03.2024 registered for the offences punishable u/s 414 of the I.P.C. and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 234.600 litres of illicit Nepali liquor was recovered from the Commander Jeep.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.35279 of 2024(2) dt.08-05-2024 2/2 petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2024.

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, East Champaran at Motihari in connection with Lakhaura P.S. Case No. 08 of 2024.

7. The application stands allowed.

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