Patna High CourtCR. MISC./37108/2024bail granted

Udeshay Kumar @ Udeshy Kumar v. The State Of Bihar

2024-05-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37108 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Udeshay Kumar @ Udeshy Kumar Son of Late Ramdev Yadav @ Ramdeo Yadav R/o Village - Tegaini, P.S.- Gurpa, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 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(Sherghatti) P.S. Case No. 66/2024 dated 05.04.2024 registered for the offences punishable u/ss 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2050 litres of illicit country-made liquor was recovered from two four wheelers and one motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.37108 of 2024(2) dt.15-05-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither driver nor owner of the said vehilces. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2024.

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, Gaya in connection with Excise(Sherghatti) P.S. Case No. 66/2024.

7. The application stands allowed.

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