Patna High CourtCR. MISC./35131/2024bail granted

Govinda 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.35131 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Govinda Kumar Son of Radhe Shyam Sahani R/O Vill.- Majhar, Ward no.-16, P.S.- Pakaridayal, Dist.- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, 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 Excise (Madhuban) P.S Case No. 154 of 2024 dated 08.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 54 litres of illicit Indian made foreign liquor kept in two bags tied on the motorcycle, 50 litres of spirit and other materials like empty bottles, bottle's cap, stickers and a motorcycle were recovered from Sareh, Dhap.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.35131 of 2024(2) dt.08-05-2024 2/2 this case. The said recovery was made from an open place that is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2024.

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, Motihari in connection with Excise (Madhuban) P.S Case No. 154 of 2024.

7. The application stands allowed.

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